Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 13, 1969 and adjourned Wednesday, March 26, 1969, volume I

Compiler's Note
The Journal of the House of Representatives regular and extraordinary session of 1969 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 1969 through March 11, 1969. Volume II contains March 12, 1969 through March 26, 1969 and the extraordinary session June 12 and 13,1969, the committee reports, and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OP THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1969 and adjourned Wednesday, March 26, 1969
and Extraordinary Session Commenced on June 12, 1969 and adjourned June 13, 1969.
1969 ATLANTA, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1969-1970
GEO. L. SMITH IL___...______________.._.__....Speaker
43rd DISTRICT, EMANUEL COUNTY
MADDOX J. HALE __________________ Speaker Pro Tern
1st DISTRICT, DADE COUNTY
GLENN W. ELLARD ____________.___._...._.._.. ..Clerk
HABERSHAM COUNTY
JACK GRBEN______________ _____-Assistant Clerk
RABUN COUNTY
JANETTE HIRSCH._________________Assistant Clerk
FULTON COUNTY
AMELIA SMITH __________.__.______._..Assistant Clerk
FULTON COUNTY
ELMORE C. THRASH________.._____ .........Messenger
LOWNDES COUNTY
MARION TOMS ______________________________._^_____________Doorkeeper
QUITMAN COUNTY

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 13, 1969
The Representative-elect of the General Assembly of Georgia for the years 1969-1970 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Honorable Glenn W. Ellard, Clerk of the House of Representatives.
The following prayer was offered by Rev. Vernard Robertson, District Superintendent, Valdosta District United Methodist Church, Valdosta, Georgia:
Hear the Word of our Lord. The Lord is my Light and my salvation; whom shall I fear? The Lord is the strength of my life of whom shall I be afraid? Teach me Thy way, 0 Lord and lead me in a plain path. Commit thy way unto the Lord. Trust also in Him and He shall bring it to pass. He hath shewed thee 0 man what is good; and what doth the Lord require of Thee?
Eternal Father, grant to the Speaker of the House, the officers and members of this distinguished body a Sacred moment of quiet, ere they take up the duties of this initial Session of the Legislature. Turn their thoughts to Thee and open their thoughts to Thy Spirit that they may have wisdom in their thinking, love in their attitudes, and mercy in their judgments.
So guide Thy servants in this place in all things great and small, so that small things become great, and great things become possible. Father of mercies, bless their loved ones and their families, and make their homes sanctuaries of love and peace where they may find spiritual resources for the strain and pressure of their duties here.
Give us now Thy Spirit to guide and direct our thinking, that when the day's work is over we may merit Thy "Well done", through Jesus Christ our Lord,
AMEN.
The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1969-1970 was received and read:

JOURNAL OP THE HOUSE,
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State
Atlanta, Georgia 30334
Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia
Dear Sir: I am transmitting herewith the names of the Representatives elected
in the General Election held on November 5, 1968, to represent the various Representative Districts in the General Assembly for the years 1969-70; as the same appear from the consolidated returns which are of file and record in this office.
Sincerely yours, /a/ Ben W. Fortson
Secretary of State
BWF:fd Enclosure

MONDAY, JANUARY 13, 1969

7

STATE REPRESENTATIVES ELECTED TO THE GENERAL ASSEMBLY

November 5, 1968 General Election

Dist. 1st
2nd 3rd
4th 5th
6th
7th 8th 9th
10th
llth
12th
13th
14th 15th 16th
17th 18th 19th
20th
21st
22nd 23rd 24th 25th 26th 27th 28th 29th

Counties Dade, Walker
Catoosa Whitfield, Murray
Fannin, Gilmer Lumpkin, White,
Towns, Union Habersham, Stephens, Rabun
Chattooga Gordon Ployd
Pickens, Bartow, Cherokee
Dawson, Hall, Forsyth
Banks, Franklin, Hart
Gwinnett
Barrow, Oconee Jackson Clarke
Madison, Oglethorpe Elbert Polk, Haralson
Carroll
Clayton
Henry Newton Walton Morgan, Greene Wilkes, Lincoln, Taliaferro Jasper, Jones, Twiggs Putnam, Hancock Warren, McDuffie,
Glascock, Columbia

Post No.

Names

No. 1 No. 2
No. 3 --
No. 1 No. 2 No. 3 -- --

Maddox J. Hale William H. Crowe
Wayne Snow, Jr. Robert G. Peters
Jack Cole Virgil T. Smith Gerald H. Leonard (Contest) Carlton H. Colwell

No. 1 Don C. Moore No. 2 Jack N. Gunter -- James H. "Sloppy" Floyd -- Tom L. Shanahan No. 1 Sidney Lowrey No. 2 Charles Graves No. 3 E. B. Toles No. 1 Joe Frank Harris No. 2 Will Poole No. 3 Andy Roach No. 1 W. M. (Bill) Williams No. 2 J. Robert Cooper No. 3 Joe T. Wood No. 1 A. T. Mauldin No. 2 W. D. (Billy) Milford No. 1 Norris J. Nash No. 2 James D. Mason -- James W. Paris -- Mac Barber No. 1 Leon Farmer, Jr. No. 2 Chappelle Matthews -- George B. Brooks -- Jack A. Wheeler No. 1 Thomas B. Murphy No. 2 Nathan Dean No. 1 John K. "Uncle John" Patterson No. 2 J. E. Bohannon No. 1 William J. (Bill) Lee No. 2 Arch Gary No. 3 Lamar Dailey Northcutt -- Don L. Knowles -- W. D. Ballard -- Marvin W. Sorrells -- E. R. Lambert -- Ben B. Ross -- John H. Hadaway -- Marvin E. Moate No. 1 Glenn S. Phillips No. 2 Bobby W. Johnson

JOURNAL OF THE HOUSE,

Dist.

Counties

30th Troup, Coweta, Heard

31st Meriwether 32nd Fayette, Spalding
33rd Butts, Monroe 34th Baldwin, Wilkinson
35th Washington 36th Jefferson 37th Burke 38th Harris, Talbot 39th Upson, Pike, Lamar
40th Crawford, Peach 41st Houston
42nd Laurens, Johnson
43rd Emanuel 44th Bulloch, Jenkins,
Screven, Effingham
45th Taylor, Marion, Webster, Chattahoochee, Stewart
46th Sumter, Schley, Macon
47th Dooly, Crisp, Worth
48th Wilcox, Turner, Ben Hill, Irwin
49th Bleckley, Pulaski, Dodge, Telfair
50th Treutlen, Wheeler, Montgomery
51st Tattnall, Long, Toombs
52nd Candler, Evans, Bryan 53rd Calhoun, Randolph 54th Terrell, Lee 55th Coffee 56th Jeff Davis, Appling 57th Bacon, Pierce 58th Wayne 59th Liberty, Mclntosh 60th Quitman, Early, Clay 61st Dougherty, Baker

62nd Mitchell

Post No.

Names

No. 1 J. Crawford Ware No. 2 Edwin G. (Ed) Mullinax No. 3 D. B. "Brack" Blalock
No. 4 George W. Potts -- Claude A. Bray, Jr. No. 1 Quimby Melton, Jr. No. 2 Clayton Brown, Jr. -- Harold G. Clarke No. 1 J. Floyd Harrington No. 2 Philip M. Chandler -- Francis A. Joiner -- J. Roy McCracken -- Preston B. Lewis, Jr. -- W. Randolph Phillips No. 1 Johnnie L. Caldwell No. 2 J. R. Smith -- Daniel K. Grahl No. 1 Sam A. Nunn, Jr. No. 2 David C. Peterson No. 1 Emory L. Rowland No. 2 Dubignion (Dub) Douglas -- Geo. L. Smith II No. 1 W. Jones Lane No. 2 Paul E. Nessmith, Sr. No. 3 H. Walstein Parker No. 1 J. Lucius Black No. 2 Ward Edwards No. 1 Clarence A. Parker No. 2 Janet S. Merritt No. 1 Howard H. Rainey No. 2 Rooney L. Bowen No. 1 A. B. C. (Brad) Dorminy, Jr. No. 2 Ted Hudson No. 1 Frank P. Holder, Jr. No. 2 John Henry Anderson, Jr. -- L. L. "Pete" Phillips

No. 1 No. 2 -- -- -- -- --

W. J. (Bill) Salem Dewey D. Rush Hines L. Brantley J. T. "Jake" Dailey James M. Collier George Jordan Jimmy Conner

-- Bobby Wheeler

-- McKee Hargrett

-- Charles M. Jones

-- Mobley Howell

No. 1 George D. Busbee No. 2 Colquitt H. Odoni No. 3 R. S. (Dick) Hutchinson
No. 4 Billy Lee

-- Marcus E. Collins

MONDAY, JANUARY 13, 1969

Dist.

Counties

63rd Colquitt, Cook, Tift

64th Lanier, Berrien, Atkinson 65th Clinch, Ware
66th Brantley, Charlton Camden 67th Glynn
68th Miller, Seminole, Decatur
69th Grady 70th Thomas
71st Brooks, Lowndes, Echols

72nd DeKalb 73rd DeKalb 74th Rockdale, DeKalb 75th DeKalb

76th DeKalb 77th DeKalb

78th Richmond
79th Richmond 80th Richmond 81st Bibb

82nd Bibb 83rd Bibb 84th Muscogee
85th Muscogee 86th Muscogee

Post No.

Names

No. 1 Billy Fallin No. 2 Dorsey R. Matthews No. 3 Henry Bostick -- Robert C. (Bobby) Pafford

No. 1 No. 2 --
No. 1 No. 2 No. 1 No. 2 -- No. 1 No. 2

Ottis Sweat, Jr. Harry D. Dixon Robert Ward Harrison, Jr.
Reid W. Harris Richard M. Scarlett J. Willis Conger A. Wallace Cato Burton M. Wamble James W. Keyton Henry P. Russell

No. 1 Henry L. Reaves No. 2 H. M. Barfield No. 3 Jim T. Bennett, Jr. No. 1 Harry C. Geisinger

No. 2 No. 1 No. 2 No. 1 No. 2 No. 1 No. 2 No. 3

Stan Collins Robert H. "Bob" Bell Larry C. Morris Clarence R. Vaughn, Jr. Hugh Jordan Walt Davis Leon Ployd Jim Westlake

No. 4 Joe S. Higginbotham -- James E. Dean

No. 1 J. Robin Harris No. 2 Robert H. (Bob) Farrar No. 3 Larry W. Thomason

No. 4 Elliott H. Levitas

No. 1 Bernard F. Miles No. 2 Regnald Maxwell, Jr. No. 3 L. H. Simkins, Jr.

No. 1 R. A. Dent

No. 2 Jack Connell No. 1 R. Luke DeLong No. 2 John H. "Jack" Sherman, Jr. No. 1 Marshall Keen

No. 2 Ed Knapp No. 3 Billy L. Evans No. 4 Frank C. Pinkston

No. 5 Homer Scarborough, Jr. -- Carr G. Dodson

-- Mitch Miller

No. 1 Mac Pickard No. 2 Milton Jones No. 3 Thomas B. Buck III

No. 1 C. Ed Berry No. 2 Albert W. Thompson

No. 1 Earl T. Davis

No. 2 Roscoe Thompson

10

JOURNAL OF THE HOUSE,

Dist.

Cour

87th 88th 89th 90th 91st 92nd 93rd 94th 95th

Chatham Chatham Chatham Chatham Chatham Chatham Chatham Chatham Fulton

96th 97th 98th 99th 100th 101st 102nd 103rd 104th 105th 106th 107th 108th 109th 110th lllth 112th 113th 114th 115th 116th 117th

Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Cobb, Paulding

118th Douglas

Post No.

Names

-- Herbert Jones, Jr. -- Alan S. Gaynor -- Arthur Gignilliat -- Joseph A. (Joe) Battle -- Morriss W. Ellis -- Arthur J. Funk -- George W. Whaley, Jr. -- Bobby L. Hill
No. 1 Rodney M. Cook No. 2 Jule Felton, Jr. No. 3 Goodwyn "Shag" Gates No. 4 Peyton S. Hawes, Jr. No. 5 Gerald Talmadge Horton
-- Fred Winkles -- Guy Hill -- Young H. Longino -- John Hood
-- G. D. Adams, Jr. -- Dick Lane -- ' Clarence G. Ezzard, Sr. -- Tom Dillon (Resigned) * -- Charlie L. Carnes -- Sidney J. Marcus -- William A. (Bill) Sims, Jr. -- E. J. Shepherd
-- " William H. Alexander -- J. C. (Julius C.) Daugherty -- Ben Brown -- Julian Bond
-- - Mrs. Grace T. Hamilton -- Devereaux McClatchey
-- Haskew H. Brantley, Jr. -- Kil Townsend -- Mike Egan
No. 1 Eugene (Gene) Housley No. 2 Hugh Lee McDaniell No. 3 Howard Atherton No. 4 Joe Mack Wilson No. 5 J. H. "Jack" Henderson, Jr. No. 6 George H. Kreeger No. 7 A. L. (Al) Burruss -- Kent Dickinson

* See attached copy of resignation, acceptance of resignation, and Writ of Elec tion to fill the vacancy in District No. 103 of the House of Representatives.

MONDAY, JANUARY 13, 1969

11

THE HOUSE OF REPRESENTATIVES Atlanta, Georgia

Honorable Ben Fortson Secretary of State, State of Georgia Atlanta, Georgia

January 2, 1969

Dear Mr. Secretary:
I hereby tender my resignation and withdraw as Representativeelect of the 103rd District to the General Assembly of Georgia effective January 2, 1969.
Respectfully, /s/ Tom Dillon
Copy to Governor Lester G. Maddox

THE HOUSE OF REPRESENTATIVES Atlanta, Georgia

The Honorable Lester G. Maddox Governor, State of Georgia
State Capitol Atlanta, Georgia

January 2, 1969

Dear Governor Maddox:
I herewith tender my resignation as Representative of the 128th House District to the General Assembly of Georgia, effective at the time I take oath of office as Judge of the Juvenile Court of Fulton County on January 2, 1969.
This resignation is tendered in this manner in order that there will be no break in continuity of public service.
Respectfully, /s/ Tom Dillon

EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta

Honorable Tom Dillon 2528 Linda Lane, S. E. Atlanta, Georgia 30315

January 2, 1969

Dear Tom:
Please permit me to acknowledge receipt of your letter to me dated January 2, 1969, in which you tender your resignation as a member of

12

JOURNAL OF THE HOUSE,

the House of Representatives of the General Assembly of Georgia from Representative District 128, effective January 2, 1969, at the time you take oath of office as Judge of the Juvenile Court of Fulton County, Georgia.

Please permit me to further acknowledge receipt of a copy of your letter addressed to Honorable Ben W. Fortson, Jr., Secretary of State, dated January 2, 1969, in which you withdraw as a member-elect of the House of Representatives of the General Assembly of Georgia from Representative District 103, effective January 2, 1969.

Notwithstanding the fact that the above recited actions on your part were made in order for you to accept a position in the Judicial Branch of Government of our great State, it is with reluctance that I accept your resignation and withdrawal as tendered. Your attention to duties and your actions as a member of the House of Representatives have
been very outstanding. Even though your tenure as a member of the General Assembly has been only since 1966, you have earned the respect of your colleagues and the admiration of your constituents.

I am sure you will fulfill your office as Judge of the Juvenile Court of Fulton County in the same outstanding manner as you have hereto fore conducted your private and public life.

Please permit me, on behalf of the citizens of the State of Georgia and myself, to wish you every success in all your future endeavors and invite you to call upon me whenever I can be of assistance to you.

Very truly yours, Is/ Lester

EXECUTIVE DEPARTMENT Writ of Election

By the Governor:
WHEREAS, a vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Tom Dillon, the member of the House of Representatives District No. 128; and
WHEREAS: A vacancy shall exist in the House of Representatives of the General Assembly of Georgia by reason of the withdrawal of Honorable Tom Dillon as the member-elect of the House of Representa tives from Representative District No. 128; and
WHEREAS: Article V, Section I, Paragraph XII of the Consti tution of Georgia provides that the Governor shall issue writs of elec-

MONDAY, JANUARY 13, 1969

13

tion to fill all vacancies that may happen in the Senate and House of Representatives; and

WHEREAS: Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, provides that a special elec tion to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Ordinary of the county involved; and

WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after its issuance.

NOW, THEREFORE, pursuant to the authority vested in me, particularly by the provisions of Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, and particularly by the provisions of Article V, Section X, Paragraph XII of the Con stitution of Georgia, it is hereby

ORDERED: (1) That a Writ of Election to fill the vacancy in the House of Representatives from House District No. 103 be and the same is hereby issued to the Ordinary of Pulton County, Georgia, pursuant to the provisions of the Constitution and laws of Georgia, and particularly Article V, Section I, Paragraph XII thereof, and Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended.

(2) That said special election to fill the vacancy in the House of Representatives from Representa tive District No. 103 shall be held on the 5th day of February, 1969, pursuant to the Constitution and laws of the State of Georgia and particularly the provisions of Georgia Election Code governing the conduct of special elections (Ga. Laws 1964, Ex. Sess., p. 26), as amended.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed, this the 2nd day of January, 1969.

ATTEST: /s/ Thomas T. Irvin
Executive Secretary

/s/ Lester Maddox Governor

14

JOURNAL OF THE HOUSE,

CALL FOR A SPECIAL ELECTION
WHEREAS, Honorable Tom Dillon has been duly appointed a Judge of the Juvenile Court of Fulton County, Georgia, and on January 2, 1969, he became duly qualified and assumed the duties of said office; and
WHEREAS, Honorable Tom Dillon, because of said appointment, did on the 2nd day of January, 1969, resign as a member of the House of Representatives of the General Assembly of Georgia from Represen tative District No. 128; and
WHEREAS, Honorable Tom Dillon has notified the Governor and the undersigned that because of said appointment he has withdrawn as a member-elect of the House of Representatives of the General Assem bly of Georgia for Representative District No. 103; and
WHEREAS, Section 34-1515 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, provides that whenever any person elected to public office shall withdraw prior to taking office, then the authority, with whom the candidate for such office filed his notice of candidacy, shall thereupon call a special election to fill such position; and
WHEREAS, a vacancy shall exist in the House of Representatives of the General Assembly of Georgia from House District No. 103 when the House of Representatives is organized on January 13, 1969.
NOW THEREFORE, pursuant to the authority vested in me, particularly by the provisions of Section 34-1515 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, it is
ORDERED: That a special election is hereby called to fill the va cancy in the House of Representatives from House District No. 103 pursuant to the provisions of the Constitution and laws of the State of Georgia, and particularly the provisions of the Georgia Election Code governing the conduct of special elections (Ga. Laws 1964, Ex. Sess., p. 26), as amended; it is further
ORDERED: That said special election to fill such vacancy in the House of Representatives from Representative District No. 103 shall be held on the 5th day of February, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Secretary of State to be affixed, this the 2nd day of January, 1969.
/s/ Ben W. Fortson, Jr. Secretary of State

MONDAY, JANUARY 13, 1969

15

The roll was called and the following Representatives-elect answered to their names:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry
Black Blalock Bohannon Bond Bostick Bowen Brantley of 52nd Brantley of 114th Bray Brooks Brown of 32nd Brown of 110th Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins of 62nd Collins of 72nd Colwell Conger Connell Conner Cook
Cooper Crowe Dailey Daugherty Davis of 75th Davis of 86th Dean of 19th
Dean of 76th DeLong Dent Dickinson

Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd of 7th Floyd of 75th Funk Gary Gaynor Geisinger Gignilliat Grahl
Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris of 10th Harris of 67th Harris of 77th
Harrison Hawes Henderson Higginbotham Hill of 94th Hill of 97th Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones of 59th Jones of 84th Jones of 87th Jordan of 55th Jordan of 74th Keen

Keyton Knapp Knowles Kreeger Lambert Lane of 44th Lane of 101st Lee of 21st Lee of 61st
Leonard Levitas Lewis Longino
Lowrey Marcus Mason Matthews of 16th Matthews of 63rd Mauldin Maxwell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy McClatchey McCracken McDaniell Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker of 44th Parker of 46th
Patterson Peters Peterson Phillips of 29th
Phillips of 38th Phillips of 50th
Pickard Pinkston Poole Potts

16
Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman

JOURNAL OF THE HOUSE,

Simkins Sims Smith of 3rd Smith of 39th Smith of 43rd Snow Sorrells Sweat Thomason Thompson of 85th Thompson of 86th Toles

Townsend Vaughn Wamble Ware Westlake Whaley Wheeler of 18th Wheeler of 57th Williams Wilson Winkles Wood

Mr. Lewis of the 37th was unable to be present because of illness.

Mr. Kaylor of the 4th was requested by the Chair to refrain from taking the oath of office due to the fact that his election was being contested.

The following communication was received and read:
BEFORE THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEORGIA
IN RE: CONTEST OF ELECTION FOR THE FOURTH LEGISLATIVE DISTRICT OF THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF GEORGIA
1969 SESSION
RESPONSE OF HOWARD KAYLOR TO ELECTION CONTEST OF HOWARD SIMMONS
TO: THE HONORABLE, THE SPEAKER AND THE MEM BERS OF THE HOUSE OF REPRESENTATIVES OF THE GEN ERAL ASSEMBLY OF GEORGIA:
Comes now HOWARD KAYLOR of Fannin County, Georgia, and files this his Response to the Election Contest of Howard Simmons contesting the election of respondent as Representative of the Fourth Legislative District of the House of Representatives of the General Assembly of Georgia, at the 1968 General Election, and respectfully shows:
1. Respondent admits the allegations set out in paragraphs 1, 2, and 3 of the Contest Petition.

MONDAY, JANUARY 13, 1969

17

2.

Respondent denies the allegations set out in paragraph 4 of the Contest Petition, and respectfuly shows:

(a) Upon the closing of the polls on Election Day, 1968, all the poll managers in the Fourth Representative District proceeded to count the ballots cast, as by law provided, for all contested posts on the ballot that day. One of these posts was that for the office of Representative from the Fourth Legislative District. Said count by the poll managers was completed in all precincts in the Fourth Legislative District for contested posts sometime during the afternoon of November 6, 1968. The precinct poll managers, as required by law, publicly announced the result of the count, and duly certified their returns to their respective superintendents of election, the Ordinaries of the two counties involved, to-wit: Fannin and Gilmer Counties.
(b) The certified returns of the votes so made by the precinct poll managers to the Ordinaries were duly consolidated by computation and canvass by said Ordinaries and their assistants in their respective counties of Fannin and Gilmer on Thursday, November 6, 1968, and Friday, November 7, 1968, the resulting totals giving a majority of the votes cast to respondent, to-wit:

Fannin County Gilmer County

Total

Simmons 2416 votes 2482 votes
4898 votes

Kaylor 3492 votes 1414 votes
4906 votes

(c) Subsequent to this initial consolidation, however, contestant Howard Simmons requested a recount of the ballots cast in his own County, Gilmer, in the Mountain Town and Town Creek Election Dis tricts. Respondent objected to such recount on the ground that same was not provided by law, but was overruled by the Ordinary of Gilmer County, insofar as the request was made by contestant. Following this, since votes were going to be recounted in certain boxes in Gilmer County, respondent requested of the Ordinary and Elections Superin tendent that a recount be made of the Ellijay Precinct in Gilmer County, which was the largest box in that County. Although the Ordinary al lowed the recount of every Precinct in Gilmer County requested by contestant, Howard Simmons, a recount of the Ellijay Precinct request ed by respondent was not allowed.

(d) Following the recount of the precincts in Gilmer County, seven (7) of the precincts and the absentee ballots in Fannin County were recounted, at the request of contestant Howard Simmons and re spondent Howard Kaylor. A recount was had of every precinct re quested by contestant Howard Simmons in both Gilmer and Fannin Counties. No recount was allowed in Gilmer County of any precinct re quested by respondent.
(e) Following the recount of every precinct requested by con testant Howard Simmons in both Counties involved, consisting of the

18

JOURNAL OF THE HOUSE,

entire Representative District, it was found that the results had not changed, although the figures had changed slightly. The results fol lowing the recount of all precincts requested by contestant Howard Simmons, showed the following results.

Pannin County Gilmer County

Total

Simmons 2404 votes 2498 votes
4902 votes

Kaylor 3499 votes 1414 votes
4913 votes

(f) Therefore, however, both before and after any recount was made, the results of the election in the Fourth Representative District showed that respondent, Howard Kaylor, was the winner of a majority of the votes. As a result of the first consolidation he had a majority of eight (8) votes. As a result of the consolidation following the re count in both Counties, he had a majority of eleven (11) votes. This was the result certified to the Secretary of State of Georgia by the Ordinaries and their Assistants in the two Counties involved, and this is the only result ever certified. At no time did contestant, Howard Simmons, ever appear to be the winner of the election as a result of any consolidation made by the Superintendents of Elections and their Assistants for Gilmer and Fannin Counties, or certified to the Secre
tary of State of Georgia.

3.

Respondent denies the allegations set out in paragraph 5 of the Contest Petition and respectfully shows that at no time did any official consolidation or certification show contestant Simmons to be the suc cessful candidate.

4.
Respondent denies the allegations set out in paragraph 6 of the Contest Petition. In further answer to said allegations respondent shows with reference to subparagraphs (a) and (b) of paragraph 6, that con testant requested and was granted a recount of every precinct in the two Counties that he desired, and after having made such recount the results of the election were not changed, but were reaffirmed, to-wit: by showing the election of respondent. With reference to subparagraphs (c), (d), (e), and (f) of the contest petition, respondent merely shows that no fraud was committed, that no illegal votes were counted, and that no ballots were changed in any of the particulars specified or otherwise.

5.
Respondent admits the allegations set out in paragraph 7 of the pe tition, and shows that the Court did rule that it had no jurisdiction to render judgment with respect to the claims of fraud, errors, and irregu larities, and respondent further shows that the provision of the Constition of the State of Georgia specifies that this Honorable House has complete and exclusive jurisdiction in the matter of judgment of elec-

MONDAY, JANUARY 13, 1969

19

tion returns, including the matter of a recount, and that, as recognized by the Court, the recount, if had, could not and would not consider con testant's claims of fraud and irregularity, and would only result in an actual recount of ballots which had been counted at least once, and in many instances, twice already. The allegations of paragraph 8 of the contest petition do not require any answer, but by way of showing it is now impossible to secure a meaningful, accurate and legal count or re count of the votes cast in the Ellijay Precinct of Gilmer County, and of the absentee ballots of Gilmer County, for the following reasons:

(a) Following the count of the ballots cast in the Ellijay Precinct and of the absentee ballots of Gilmer County, no ballot security was maintained for these ballots.

(b) The ballots cast in the Ellijay Precinct and the absentee ballots cast in Gilmer County were not placed in ballot boxes, were not locked, or kept from unofficial persons following the election, and the official count as required by the Georgia Election Code.

(c) Throughout the period of November 7, 8, and 9, 1968, following the counting and report by the Election Managers of the votes for Rep resentative from the Fourth Representative District of the General As sembly of Georgia, the ballots which had been cast in the Ellijay Precinct and the absentee ballots which had been cast in Gilmer County, were left lying upon the floor of the Ordinary's Office in Gilmer County, Georgia. The ballots were piled loosely on the floor without being placed in any boxes or packages, and without being bound in any way. This office was subject to, and was, entered by a large number of per sons, unauthorized, who had ample opportunity to remove or change any one or more of said ballots.

(d) Throughout the days of November 7, and 8, 1968, following the counting of the ballots cast in the Ellijay Precinct, and of the Gilmer absentee ballots, for the office of Representative from the Fourth Rep resentative District of the House of Representatives of Georgia, a large portion of said ballots were taken from the office of the Superintendent of Elections to the courtroom of Gilmer Superior Court by unauthorized persons, and there turned over to other unauthorized persons, to-wit: teen-aged school children who were instructed to count said ballots with reference to certain constitutional amendments appearing thereon.
(e) No continuous supervision by the Superintendent of Elections or any election official was given to said children, and on many occa sions said children had full and complete custody of said ballots without any adult being present in the room, and without any adult supervision whatsoever. During said period, there was ample opportunity for re moval, tampering with, or change of said ballots.

(f) For a period of at least one hour on Friday, November 8, said ballots were left loose and in many disorderly piles on tables in the Su perior Court courtroom of Gilmer County Courthouse, at a time when said courtroom, which is a public room of the Courthouse and open to

20

JOURNAL OF THE HOUSE,

any person of the public who happened to enter therein, without any single person being left in charge of said ballots, to watch, guard, or preserve said ballots. During said period, there was ample opportunity for removal, tampering with, or change of said ballots.

(g) Because of the complete lack of security over the ballots cast in the Ellijay Precinct of Gilmer County, and of the absentee ballots of Gilmer County, and the complete failure to comply with the Election Code after the official counting of the ballots cast for Representative of the Fourth Representative District of the House of Representatives of the State of Georgia, it is now impossible to obtain a valid recount, but, to the contrary, any attempted recount of said ballots would only cast doubt over the election where no doubt now exists.

WHEREFORE, respondent prays:

(a) That he, as the duly elected and certified winner of the contest for the Fourth Legislative District of the House of Representatives be recognized as such, allowed to take his oath, and take his seat in this Honorable House.

/s/ Howard Kaylor Representative Fourth Legislative District of the House of Representatives of the State of Georgia
State of Georgia, County of Fannin
Personally, before the undersigned, an officer duly authorized by law to administer oaths, appeared Howard Kaylor, who, after first being duly sworn, deposes and says that the facts alleged in the foregoing Response to Election Contest are true and correct.

/s/ Howard Kaylor

Sworn to and subscribed before me this llth day of January, 1969.

/s/ Edna B. Spindel Notary Public, Fulton County. My Commission expires June 29, 1969.

The oath of office was administered to the following Representatives-elect by Chief Judge Jule Felton of the Georgia Court of Appeals:

Mrs. Hamilton, Messrs. Cook, Salem, Lewis, Felton,

Hawes, Bray, Potts, Blalock, Mullinax,

Ware, Gary, Lee of the 21st, Northcutt, Longino,

MONDAY, JANUARY 13, 1969

21

Howell, Vaughn, Phillips of the 5tOh, Moate, Collins of the 62nd Caldwell,

Brown of the 32nd, Melton, Busbee, Joiner, Hargrett, Mrs. Merritt,

Messrs. Barber, Harrington, Chandler, Miller, Dodson and Knapp.

The oath of office was administered to the following Representatives-elect by Judge Kelly Quillian of the Georgia Court of Appeals:

Messrs. Williams, Cooper, Wood, Milford, Mauldin, Lambert, Mason, Nash, Scarborough, Pinkston, Evans,

Keen, Smith of the 39th, Holder, Moore, Gunter, Connor, McClatchey, Daugherty, Alexander, Clarke, Matthews of the 63rd,

Fallin, Simkins, Whaley, Jones of the 87th, Ellis, Gaynor, Sherman, Maxwell, Dent, Connell and DeLong.

The oath of office was administered to the following Representatives-elect by Judge Homer Eberhardt of the Georgia Court of Appeals:

Messrs. Horton, Bond, Brown of the 110th, Gignilliat, Battle, Hill of the 94th, Phillips of the 29th, McCracken, Russell, Wamble, Keyton,

Miles, Reaves, Atherton, Burruss, Kreeger, Housley, Wilson, Henderson, McDaniell, Crowe, Snow,

Hale, Harris of the 67th, Scarlett, Bohannon, Patterson, Hadaway, Anderson, Cole, Leonard and Smith of the 3rd

The oath of office was administered to the following Representatives-elect by Judge Braswell Deen of the Georgia Court of Appeals:

Messrs. Roach, Edwards, Knowles, Phillips of the 38th, Wheeler of the 57th, Douglas, Rowland, Poole, Wheeler of the 18th, Black, Dailey,

Geisinger, Collins of the 72nd, Floyd of the 75th, Collier, Brantley of the 114th, Shanahan, Games, Winkles, Adams, Lane of the 101st, Shepherd,

Hood, Cato, Conger, Marcus, Ezzard, Dean of the 76th, Bell, Morris of the 73rd, Colwell and Ross.

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The oath of office was administered to the following Representatives-elect by Presiding Judge John Sammons Bell of the Georgia Court of Appeals:

Messrs. Davis of the 86th,
Higginbotham, Westlake, Davis of the 75th, Hudson, Jordan of the 55th, Peters, Lee of the 61st, Odom, Barfield,

Bennett, Harris of the 10th, Gates, Sims, Graves, Toles, Lowrey, Dickinson, Dean of the 19th, Johnson, Funk,

Sweat, Dixon, Buck, Jones of the 84th, Pickard, Thomason, Farrar, Harris of the 77th, Ballard, Sorrells and Jones of the 59th.

The oath of office was administered to the following Representatives-elect by Justice Charles Pannell of the Supreme Court of Georgia.

Messrs. Jordan of the 74th,
Hill of the 97th, Rush, Bostick, Bowen, Floyd of the 7th, Harrison, Nunn, Peterson, Lane of the 44th,

Nessmith, Brantley of the 52nd, Parker of the 44th, Thompson of the 86th, Thompson of the 85th, Berry, Murphy, Paris, Parker of the 46th, Hutchinson, Levitas,

Brooks, Matthews of the 16th, Farmer, Dorminy, Grahl, Rainey, Pafford, Townsend, Egan and Smith of the 43rd.

The next order of business being the election of a Speaker of the House for the ensuing term of two years, the Chair recognized Mr. Harris of the 77th, who delivered the following remarks, placing in nomination the name of Honorable George L. Smith of the 43rd District, which nomination was later seconded by Messrs. Funk of the 92nd, Matthews of the 16th, Brantley of the 52nd and Barber of the 15th:

Mr. Clerk--Fellow members of the House.
477 years ago Columbus embarked on a voyage across uncharted seas in hopes of realizing a goal based upon his conviction that this was the right and proper thing to do. Just two short years ago this body embarked upon a similar voyage. We, too, had a goal based upon our conviction that it was right and proper that Georgia should have a Leg islative Branch of government that stood on its own feet, truly indepen dent of and from the Executive Branch. Like that of Columbus, our voy age to date has had its periods of smooth sailing interspersed with storms and storm-like clouds. Also, like Columbus must have done, we have made mistakes as well as proper decisions. One proper decision

MONDAY, JANUARY 13, 1969

23

that we made, however, stands above all others and that was--our selec tion of a helmsman. We needed, and we chose:

A man with courage; a man with knowledge; a man with ex perience; a man with ability; and--above all else--a man who truly loves this House as an institution. To him, the office of Speaker is not a stepping stone to what might be considered a higher political office for--he truly believes--this one is the highest. Any place else is down.

While protocol in making a nomination seems to require a recita tion of birth, education, family, home town, memberships, past accom plishments, religious preference and the like, these are not the bases for selection. Likewise, neither are his 24 years of service in this House, his 8 years a Speaker Pro Tern and his 6 years as Speaker the only criteria. All of these things, melted together, give him the character, the strength of legislative knowledge and the understanding of political processes which are indispensible to us. Mr. Clerk, it is with great pleasure and pride, that I offer in nomination for re-election as Speaker of this House, the Gentleman from the 43rd, the Honorable George L. Smith II. Mr. Clerk, I yield the floor.

Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire body for the nominee.

The motion prevailed and the Honorable George L. Smith II of the 43rd Dis trict was declared elected Speaker of the House for the ensuing term of two years.

The Chair appointed as a committee to escort the Speaker to the Speaker's stand the following members:

Messrs. McCracken of the 36th, Rowland of the 42nd, Lewis of the 37th, Nessmith of the 44th, Lane of the 44th, Parker of the 44th, Salem of the 51st, Rush of the 51st, Phillips of the 50th, Sorrells of the 24th, Joiner of the 35th and Douglas of the 42nd.

Honorable George L. Smith was escorted to the Speaker's stand and in ap preciation of the honor again conferred upon him, delivered the following address:
MR. CLERK, LADIES AND GENTLEMEN OF THE HOUSE:
Twenty-five years ago I walked into this chamber and I can assure you there was no more excited young man in the State of Georgia than me.

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I had come to the city from the small city of Swainsboro to repre sent my people of Emanuel County in the Georgia House.

Looking back--I can tell you that was quite a trip in those days.

I was excited when the big day arrived, gulping more than usual and perspiring freely.

When the time came to take the oath--there were butterflies in my stomach and I felt like my knees were going to buckle under me.

But then, in a matter of minutes I was a State Legislator--a big man and the proudest man in the State.

My people have returned me to office at every election since, and I hope I will continue to merit their confidence.

They know--and my oldest friends in the House and the press media know--that the political ambitions of George Smith have always been limited to this area of State Government.

I know that the more than two score new members here today feel just as I did in 1945.

Well, you are not alone.

The butterflies are still there for me and I have measured every step to this podium--carefully on guard against buckling.

Two years ago I told the membership that I was humble--grateful-- proud--and--appreciative after my election as Speaker.

I could search for months and find no more fitting words to de scribe my feelings today.

George Smith will be working day and night again to merit your confidence and trust.

If you have problems large or small that you want to discuss--you have had and will continue to have a green light into my office.

My priority list starts with the members of the Georgia House.

With your assistance we are going to work hard and efficiently throughout the session.

After the recess called for by the State Constitution--the going will get rougher and I know you would have it no other way.

As the session progresses--the hours will get longer and longer.

MONDAY, JANUARY 13, 1969

25

At times during the last two years we kept on working through the lunch hour. I feel sure that you will want to do so again.

Every man and woman in this chamber is here for a primary pur pose--to work for the advancement of our State and to fulfill a respon sibility to the people in our districts who elected us.

Basically, this year there are two paramount issues--or you might say that the two go hand in hand as one.

I am referring, of course, to the budget and measures for a budget expansion with income proposed in tax revision.

The House will face up to the issues as it always has.

There will be many days of decision for every man and woman here.

I would only advise that each of you study the matters involved thoroughly and make your individual decisions on that basis.

You may expect--headlines about controversy--confrontations-- power blocks and other things of that nature which seem made to order for headline writers.

A good policy is to keep cool when those days arrive.

Those of us who have been here during the past two years are proud--very proud--of the independence that has been attained by the Georgia House.

If you members are not full of pride in this at the outset, you will be in a matter of a few days.

The benefits of independence to the more than four million citizens of our State already have been proven.

As we zealously guard that legislative independence, the benefits to our people will multiply.

In closing, again let me thank you from the bottom of my heart for the honor you have bestowed upon me.

Repeating my words of January, 1967--

Now, let's get to work.

The next order of business being the election of a Clerk of the House, Mr. McCracken of the 36th placed in nomination the name of Honorable Glenn W.

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Ellard of Habersham County, which nomination was seconded by Messrs. Lam bert of the 25th and Pickard of the 84th.

Mr. Busbee of the 61st moved that the nominations be closed and that the Deputy Clerk be instructed to cast the vote of the entire body for the nominee. The motion prevailed and the Honorable Glenn W. Ellard was declared elected Clerk of the House for the ensuing two years.

The Speaker appointed the following committee to escort the Clerk to the Clerk's stand:

Messrs. Gunter and Moore of the 6th, Buck of the 84th, Phillips of the 29th, Caldwell of the 39th, Gignilliat of the 89th, Farrar of the 77th and Longino of the 98th.

The oath of office was administered to the Clerk by the Speaker.

Mr. Ellard addressed the members of the House, expressing his deep appre ciation for having been re-elected and assuring the membership of the continued cooperation of the Clerk's office.

The following Resolutions of the House were read and adopted:

HR 1. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:

A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session, has organized by the election of Honorable Geo. L. Smith II of the 43rd District as Speaker and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.

HR 2. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:

MONDAY, JANUARY 13, 1969

27

A RESOLUTION

To notify the Governor that the General Assembly has convened; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a Committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the Presi dent, be appointed to notify his Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

Pursuant to the provisions of HR 2, the Speaker appointed as a committee on the part of the House the following members thereof:

Messrs. Roach of the 10th, Miles of the 78th, Levitas of the 77th, Anderson of the 49th, Sims of the 106th, Pinkston of the 81st and Clarke of the 33rd.

HR 3. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
PART I.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1969 and the 1970 regular sessions of the General Assembly:
1. The Speaker of the House is authorized to appoint and employ personnel and fix the compensation therefor as follows:
(a) Four aides, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. One additional aide for the House of Representatives to be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.
(b) Four secretaries, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.
(c) Two persons skilled in legislative matters, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.

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(d) A Sheriff for the House who shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.

(e) Chaplains for the House, each of whom shall be compen sated in an amount not to exceed $25 per diem, plus $25 per day expenses, plus mileage.

(f) A supervisor of stenographic personnel to be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses.

(g) A Postmaster or a Postmistress and one Assistant Post master or Assistant Postmistress, each of whom shall be compen sated in an amount not to exceed $25 per diem.

(h) One Assistant Doorkeeper who shall be compensated in an amount not to exceed $20 per diem.

(i) Fifteen Assistant Doorkeepers, each of whom shall be com pensated in an amount not to exceed $15 per diem.

(j) Three porters, each of whom shall be compensated in an amount not to exceed $10 per diem.

(k) Pages, each of whom shall be compensated in an amount not to exceed $3.00 per diem.

(1) Secretaries, stenographers, typists, clerks and aides for the use of the House, its committees and subcommittees, each of whom shall be compensated in an amount not to exceed $30 per diem.

(m) Court Reporters for the committees of the House, the rate of compensation therefor to be agreed upon by the Speaker, the Chairman of the committee using such court reporter and the court reporter.

2. The Speaker Pro Tempore of the House is hereby authorized to appoint one secretary and fix the compensation therefor in an amount not to exceed $30 per diem.

3. The Majority Leader of the House is hereby authorized to ap point one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem.

4. The Minority Leader of the House is hereby authorized to appoint one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem.

5. The Administration Floor Leader of the House is hereby au thorized to appoint one aide and fix the compensation therefor in an

MONDAY, JANUARY 13, 1969

29

amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem. Prior to serving as such, the Administration Floor Leader shall be certified as such by the Governor to the Speaker of the House and to the Clerk of the House.

6. The Clerk of the House is hereby authorized to appoint and employ personnel and fix the compensation therefor as follows:

(a) Four Assistant Clerks, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses, plus mileage as authorized by law for members of the General As sembly; one Reading Clerk, one Calendar Clerk and one Journal Clerk, each of whom shall be compensated in an amount not to ex ceed $25 per diem and $25 per day expenses. The Clerk shall also receive the above mileage.

(b) Fourteen copy readers, fourteen typists, eight Multilith op erators, five Xerox operators, three collator operators, and two sound machine operators, each of whom shall be compensated in an amount not to exceed $25 per diem.

(c) Twelve porters, each of whom shall be compensated in an amount not to exceed $10 per diem.

(d) Personnel to distribute bills and other material for mem bers, each of whom shall be compensated in an amount not to ex ceed $10 per diem.
The Clerk shall receive the same daily expense allowance and the same mileage allowance as members of the House.
7. The Doorkeeper of the House and the Messenger of the House who are elected by the House, each shall be compensated in an amount to be fixed by the Speaker, but not to exceed $25 per diem, plus $25 per day expenses, plus mileage allowance as authorized by law for mem bers of the General Assembly.

PART II.
BE IT FURTHER RESOLVED that the provisions of Part I of this resolution shall also be effective during the period between the first and second portions of the 1969 regular session and the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Clerk of the House are hereby authorized to keep their offices open and retain such of the foregoing officials and other personnel as they deem necessary and advisable during such period. Such officials and personnel shall be compensated in an amount not to exceed the amount provided in Part I. During such period of time, the Speaker, the Speaker Pro Tempore, the Major ity Leader, the Minority Leader, and the Administration Floor Leader shall each be a committee of one and shall receive the expense, mileage,

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and travel allowances authorized by law for members of interim com mittees.

The Appropriations Committee of the House is hereby authorized to remain at the Capitol during such period of time for the purpose of considering and studying the General Appropriations Bill. The Speaker is hereby empowered to give authorization for other standing commit tees of the House and such other committees as he might create to also remain at the Capitol during such period of time for the purpose of considering and studying other proposed legislation and other matters. Members of the Appropriations Committee and members of such other committees as shall be designated by the Speaker to remain at the Capi tol shall receive the expense, mileage and travel allowances authorized by law for members of interim committees.

PART III.
BE IT FURTHER RESOLVED that after final adjournment of the 1969 regular session of the General Assembly until the convening of the 1970 regular session of the General Assembly, and after final adjourn ment of the 1970 regular session of the General Assembly until the con vening of the 1971 regular session of the General Assembly, except as provided in Part IV of this resolution, the following provisions shall be in effect:
1. The Auditing, Enrolling, Engrossing and Journals Committee is hereby authorized to remain at the Capitol five days after adjournment for the purpose of checking bills and resolutions, auditing expenses and transacting whatever other matters are necessary. The members shall re ceive the expense, mileage and travel allowances authorized by law for members of interim committees.
2. The Speaker and such personnel as he deems necessary are au thorized to remain at the Capitol ten days after adjournment for the purpose of completing the work and records in the Speaker's office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the regular session. After such ten-day period, the Speaker is authorized to keep his offices open for the transaction of the business of the House and for the convenience of the members of the General Assembly. He is authorized to employ such personnel as he shall deem necessary and advisable for such periods of time as he deems advisable and to fix the compensation for such personnel. For each day spent on official business during the period of time covered in this part of this resolution, the Speaker shall be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for mem bers of interim committees. The Speaker is also authorized to employ court reporters for the committees of the House, the rate of compensa tion therefor to be agreed upon by the Speaker, the Chairman of the committee using such court reporter and the court reporter.
3. The Clerk of the House and such personnel as he deems neces sary are authorized to remain at the Capitol not to exceed thirty days after adjournment of each regular session for the purpose of complet-

MONDAY, JANUARY 13, 1969

31

ing the work and records in the Clerk's office. For each such day such personnel shall be compensated in an amount not to exceed the com pensation and expenses received for each day during the regular session. After such thirty-day period the Clerk is authorized to keep his office open for the transaction of business and for the convenience of the members of the House. The Clerk is authorized to employ secretaries to perform duties in the Clerk's office and fix the compensation there for at an amount not to exceed $25 per diem each. The Clerk is autho rized to open his office seven days prior to the convening of any regular or extraordinary session of the General Assembly and to employ such personnel as he deems necessary and fix the compensation therefor not to exceed the amount provided in Part I of this resolution.

4. The Majority Leader and such personnel as he deems necessary are authorized to remain at the Capitol seven days after adjournment for the purpose of completing the work and records in his office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the regular session. The Majority Leader shall be furnished office space, and for each day spent on official business during the period covered by this part of this resolution, such Majority Leader shall be a com mittee of one and shall receive the expense, mileage and travel allow ances authorized by law for members of interim committees.

He is authorized to keep his office open during the entire period. He is also authorized to employ such personnel as provided for him in Part I of this Resolution and such personnel shall be compensated as provided in Part I.

5. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the Chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to ex tend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative com mittees.

6. The Administration Floor Leader and such personnel as he deems necessary are authorized to remain at the Capitol seven days after adjournment for the purpose of completing the work and records in his office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the regular session. The Administration Floor Leader shall be furnished office space, and for each day spent on official busi-

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ness during the period covered by this part of this Resolution, such Administration Floor Leader shall be a committee of one and shall re ceive the expense, mileage and travel allowances authorized by law for members of interim committees.

He is authorized to keep his office open during the entire period. He is also authorized to employ such personnel as provided for him in Part I of this Resolution and such personnel shall be compensated as provided in Part I.

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 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 commit tee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees.

He is authorized to keep his office open during the entire period. He is also authorized to employ such personnel as provided for him in Part I of this Resolution and such personnel shall be compensated as provided in Part I.

PART IV.
BE IT FURTHER RESOLVED that in the event of an extraordi nary session during the interim between the 1969 and 1970 regular ses sion of the General Assembly or between the 1970 and the 1971 regular session of the General Assembly, the following provisions shall be in effect:
1. The Speaker of the House, the Speaker Pro Tempore of the House, the Majority Leader of the House, the Minority Leader of the House, and the Administration Floor Leader of the House are hereby authorized to appoint and employ the officials and employees autho rized in Part I of this resolution for a period of time not to exceed seven days prior to the convening of such extraordinary session and terminating not later than ten days after final adjournment of said extraordinary session. Such officials and employees shall be compenstated in an amount not to exceed that provided in Part I of this reso lution. For the seven-day period prior to any such session, the Speaker Pro Tempore of the House, the Minority Leader of the House and the Administration Floor Leader of the House shall each be a committee of one and shall receive the expense, mileage and travel allowances autho rized by law for members of interim committees. For the seven-day period prior to any such session and for the ten-day period after final adjournment of any such session, the Speaker of the House and the Majority Leader of the House shall each be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees.

MONDAY, JANUARY 13, 1969

33

2. The Clerk of the House is hereby authorized to appoint and employ the officials and employees authorized in Part I of this resolu tion for a period of time not to exceed seven days prior to the conven ing of such extraordinary session and terminating not later than thirty days after final adjournment of said extraordinary session. Such offi cials and employees shall be compensated in an amount not to exceed that provided in Part I of this resolution.

3. The Doorkeeper and Messenger elected by the House are autho rized to assume their duties during such extraordinary session and shall be compensated in an amount not to exceed that provided for in Part I of this resolution.

PART V.

BE IT FURTHER RESOLVED that during the period of time that the provisions of Part IV of this resolution are in effect, the provisions of Part II and Part III shall be suspended and shall be of no force and effect.

PART VI.
BE IT FURTHER RESOLVED that during such time as any of the officials listed hereinafter are authorized to be at the Capitol, the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Clerk shall be fur nished suitable office space and are authorized to purchase and requisi tion all necessary supplies, equipment, services, utilities and mainte nance necessary for the operation of their offices.
Pursuant to the provisions of law, in addition to the amount they receive as salary as members of the General Assembly, the Majority Leader and the Administration Floor Leader shall receive an amount of twenty-four hundred dollars ($2,400.00) per annum each, as salary, to be paid by the State Treasurer in equal monthly or semi-monthly installments.
PART VII.
BE IT FURTHER RESOLVED that during his tenure of office the Speaker is authorized to appoint an Executive Aide and other aides and fix the compensation, expenses and allowances therefor.
PART VIII.
BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this resolution shall come from the funds appro priated to and available to the legislative branch of government, and the State Treasurer is hereby authorized and directed to make the pay ments provided for hereunder, subject to the provisions hereof.

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HR 4. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:

A RESOLUTION Adopting the Rules of the House of Representatives and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjourn
ment of the regular 1968 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1969 session.

Mr. Harris of the 77th asked unanimous consent that in House Rules num bers 252, 253 and 254 the word "1967" be deleted wherever the same appears and the word "1969" be inserted in lieu thereof.

The consent was granted, and the word "1969" was ordered substituted for "1967" in said House Rules.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate to-wit:

SR 1. By Senator Coggin of the 35th:
A Resolution notifying the House that the Senate has convened in regular session; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 5. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Relative to canvassing and publishing the election returns; and for other purposes.

MONDAY, JANUARY 13, 1969

35

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 11:30 o'clock a.m., Tuesday, January 14, 1969, for the purpose of canvassing and publishing the election returns relative to State officials, declaring the results thereof and attending to any other matters necessary and relative thereto.

BE IT FURTHER RESOLVED that the Speaker of the House of Representatives appoint five members of the House and the President of the Senate appoint five members of the Senate for the purpose of assisting the Speaker and the President in carrying out their duties in opening and publishing the aforesaid election returns.

Pursuant to the provisions of HR 5, the Speaker appointed as a committee on the part of the House the following members thereof:

Messrs. Games of the 104th, Higginbotham of the 75th, Dorminy of the 48th, Bray of the 31st, and Cole of the 3rd.

HR 6. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Lester G. Maddox, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 o'clock noon, Tuesday, January 14, 1969, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of of Representatives at 11:30 o'clock a.m. on the aforesaid date for the purpose of hearing an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

Pursuant to the provisions of HR 6, the Speaker appointed as a committee on the part of the House the following members thereof:

36

JOURNAL OF THE HOUSE,

, Messrs. Murphy of the 19th, Paris of the 14th, Northcutt of the 21st, Adams of the 100th, Pafford of the 64th, Hawes of the 95th and Hargrett of the 58th.

HR 7. By Messrs, of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Lester G. Maddox, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 o'clock noon, Thursday, January 16, 1969, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 11:30 o'clock a.m. on the aforesaid date for the purpose of hearing an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

Pursuant to the provisions of HR 7, the Speaker appointed as a committee on the part of the House the following members thereof:

Messrs. Caldwell of the 39th, Lane of the 44th, Matthews of the 63rd, Ballard of the 23rd, Dent of the 79th, Collins of the 62nd and Grahl of the 40th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following Resolution of the House to-wit:

HR 2. By Mr. Busbee of the 61st:

MONDAY, JANUARY 13, 1969

'37

A Resolution notifying the Governor that the General Assembly has convened; and for other purposes.

The President has appointed as a committee of notification on the part of the Senate the following:

Senators Coggin of the 35th, Chairman, London of the 50th, McGill of the 24th, Miller of the 43rd, Smith of the 34th, Webb of the llth and Zipperer of the 3rd.

The next order of business being the election of a Speaker Pro Tern of the House for the ensuing term of two years, the name of Honorable Maddox J. Hale of the 1st was placed in nomination by Mr. Murphy of the 19th and was seconded by Mr. Rush of the 51st.

Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire body for the nominee.

The motion prevailed and the Honorable Maddox J. Hale was declared elected Speaker Pro Tern for the ensuing term of two years.

The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members:

Messrs. Snow of the 1st, Dean of the 19th, Harrison of the 66th, Lowrey of the 9th and Brown of the 32nd.

The Speaker Pro Tern was escorted to the Speaker's stand, where he gave the following address of acceptance:
Mr. Speaker and members of the House:
Some of the new members and some of the old members have asked me this morning whether I was due to be re-elected. I told them the reason given for the delay was that certain formal and House-keeping Resolutions must be taken care of. The truth of the matter is, they did not want anything to occur which might overshadow the election of our Speaker.
Speaking seriously, I want to thank my good friends, Hon. Tom Murphy and Hon. Dewey Rush for their very complimentary remarks.

38

JOURNAL OF THE HOUSE,

Also, Hon. Jake Dailey, one of the dearest friends I have, was to second my nomination, but was not feeling well this morning. Also, I thank the members of the Escort Committee for their diligent work in searching for and finding me.

I have said this before and would like to repeat it. To me, there is no higher office than Speaker Pro Tern of the Georgia House of Eepresentatives. I want no other office. I do want this job. Thank you for re-electing me.

My purpose during the ensuing two years will be to help each member of this House when I can, and to do whatever I can to help our Distinguished Speaker to be the best Speaker in our country.

Thank you very much.

The next order of business being the election of a Messenger of the House, Mr. Conner of the 56th placed in nomination the name of Honorable Elmore Thrash of Lowndes County, which nomination was seconded by Mr. Northcutt of the 21st.

Mr. Busbee of the 61st moved that the nominations be closed and the Clerk of the House be directed to cast the vote of the entire body for the nominee.

The motion prevailed and the Honorable Elmore Thrash was declared elected Messenger of the House for the ensuing term of two years.
The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members:
Messrs. Bennett, Barfield and Reaves of the 71st, Dixon and Sweat of the 65th.
The Messenger was escorted to the Speaker's stand and addressed the House.
The next order of business being the election of a Doorkeeper of the House, Mr. Black of the 45th placed in nomination the name of Honorable Marion Toms, which nomination was seconded by Mr. Howell of the 60th.

Mr. Busbee of the 61st moved that the nominations be closed and that the Clerk of the House be directed to cast the vote of the entire body for the nominee.

MONDAY, JANUARY 13, 1969

39

The motion prevailed and the Honorable Marion Toms was declared elected

Doorkeeper of the House for the ensuing term of two years.

;

The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members:

Messrs. Bostick of the 63rd, Howell of the 60th, Wamble of the 69th, Jordan of the 55th and Keyton of the 70th.

The Doorkeeper was escorted to the Speaker's stand and addressed the House.

The Honorable Ed Moses was declared appointed to the office of Sheriff of the House.

The Speaker announced the following committee assignments:

AGRICULTURE COMMITTEE

MATTHEWS of 63rd, Chairman LOWREY, Vice-Chairman NESSMITH, Secretary Black Cato Collins of 62nd Cooper Hadaway Henderson Hudson

Joiner Knowles Northcutt Parker of 44th Peterson Reaves Russell Salem Whaley Wheeler of 57th

AGRICULTURE SUB-COMMITTEE

GENERAL AGRICULTURAL MATTERS

COLLINS of 62nd, Chairman HENDERSON, Vice-Chairman

WHALEY, Secretary Peterson

MARKETING & LIVESTOCK MATTERS

RUSSELL, Chairman JOINER, Vice-Chairman

REAVES, Secretary Peterson

40

JOURNAL OF THE HOUSE,

MILK & MILK CONTROL

BLACK, Chairman NORTHCUTT, Vice-Chairman WHEELER of 57th, Secretary

Hadaway Parker of 44th

POULTRY MATTERS

CATO, Chairman COOPER, Vice-Chairman

SALEM, Secretary Collins of 62nd

APPROPRIATIONS COMMITTEE

FLOYD, of 7th, Chairman ODOM, Vice Chairman HARRISON, Secretary Anderson Barber Bowen
Brantley of 52nd Busbee Chandler Clarke
Collins of 62nd Colwell Cook Daugherty Dean of 19th Dixon Dodson Farrar Funk Gary Grahl Gunter Hale Hamilton Harrington Harris of 10th

Henderson Jones of 59th Lane of 44th Lee of 21st Lewis of 37th Long-ino
Lowrey Mauldin Merritt Moate
Murphy Pafford Paris Parker of 44th Phillips of 29th Pickard Reaves Rowland Russell Sherman Smith of 3rd Vaughn Ware Williams Wilson

APPROPRIATIONS SUB-COMMITTEES

AGRICULTURE, PARKS & PUBLIC WORKS

LOWREY, Chairman COLLINS of 62nd, Vice-Chairman MAULDIN, Secretary

Funk Grahl

EDUCATION

BRANTLEY of 52nd, Chairman PARKER of 44th, Vice Chairman LONGING, Secretary

Chandler Henderson

MONDAY, JANUARY 13, 1969

41

FAMILY & CHILDREN SERVICES

PICKARD, Chairman WILLIAMS, Vice-Chairman MERRITT, Secretary

Hamilton Reaves

HEALTH & RELATED AGENCIES

SMITH of 3rd, Chairman GRAY, Vice-Chairman WILSON, Secretary

Sherman Russell

HIGHER EDUCATION

MURPHY, Chairman GUNTER, Vice-Chairman LEWIS of 37th, Secretary

Busbee Jones of 59th

HIGHWAY DEPARTMENT & RELATED AGENCIES

DEAN of 19th, Chairman BOWEN, Vice-Chairman

BARBER, Secretary Vaughn

LABOR, DEFENSE & PUBLIC SAFETY

PARIS, Chairman ANDERSON, Vice-Chairman DAUGHERTY, Secretary

Colwell Dixon

LAW, LEGISLATIVE & REGULATORY AGENCIES

ROWLAND, Chairman LANE of 44th, Vice-Chairman

WARE, Secretary Dodson

DEPARTMENT OF REVENUE

PAFFORD, Chairman CLARKE, Vice-Chairman LEE of 21st, Secretary

Moate Phillips of 29th

STATE RETIREMENT SYSTEM

FARRAR, Chairman HARRINGTON, Vice-Chairman

HARRIS of 10th, Secretary Cook

AUDITING, ENROLLING, ENGROSSING & JOURNALS COMMITTEE

BLACK, Chairman MOORE of 6th, Vice-Chairman MAULDIN, Secretary Dailey Davis of 86th

Potts Milford Rowland Westlake

42

JOURNAL OP THE HOUSE,

BANKS & BANKING COMMITTEE

MURPHY, Chairman MOATE, Vice-Chairman LONGING, Secretary Barfield Bell Berry
Brantley of 114th Brown of 32nd Conner Daugherty Douglas Gray Gaynor Henderson
Jones of 59th

Jordan of 74th Levitas Maxwell Melton McClatchey Milford
Morris Odom Pinkston Shanahan Sims Smith of 39th Sorrells Thompson of 86th

BANKS & BANKING SUB-COMMITTEES

GENERAL BANKING

GRAY, Chairman BERRY, Vice-Chairman PINKSTON, Secretary

Douglas Henderson

INDUSTRIAL LOANS

THOMPSON of 86th, Chairman DAUGHERTY, Vice-Chairman

MORRIS, Secretary Bell

DEFENSE & VETERANS AFFAIRS COMMITTEE

WARE, Chairman WOOD, Vice-Chairman GIGNILLIAT, Secretary Berry Brantley of 114th Collins of 72nd

Crowe Dean of 19th Floyd of 7th Lane of 101st Russell

DEFENSE & VETERANS AFFAIRS SUB-COMMITTEES

CIVIL DEFENSE & VETERANS AFFAIRS

BERRY, Chairman CROWE, Vice-Chairman

BRANTLEY of 114th, Secretary Floyd of 7th

MILITARY AFFAIRS

RUSSELL, Chairman GIGNILLIAT, Vice-Chairman

LANE of 101st, Secretary Dean of 19th

MONDAY, JANUARY 13, 1969

43

EDUCATION COMMITTEE

BARBER, Chairman PARKER of 44th, Vice-Chairman LEVITAS, Secretary Bond Brown of 110th Collins of 72nd Davis of 75th Davis of 86th Dean of 76th Dickinson Ezzard Fallin Farrar Grahl Graves Hamilton Harris of 77th Hawes Hill of 94th Housley
Hutchinson

Joiner Jones of 84th Jones of 87th Jordan of 74th Knowles Lewis Marcus Mauldin Miller Moore Northcutt Pafford Parker of 46th Patterson Peterson Phillips of 50th Shepherd Wamble Wheeler of 57th Wilson

EDUCATION SUB-COMMITTEES

AUTHORITIES & RETIREMENT SYSTEM

HUTCHINSON, Chairman MOORE, Vice-chairman HAWES, Secretary

Jones of 84th Knowles

EDUCATION SUB-COMMITTEES, continued

COMMON SCHOOLS

HAMILTON, Chairman PARKER of 44th, Vice-Chairman DAVIS of 75th, Secretary

Lewis Ezzard

SCHOOL BUILDINGS & SUPPLIES

MILLER, Chairman DICKINSON, Vice-Chairman WILSON, Secretary

Bond Collins of 72nd

TRANSPORTATION

GRAHL, Chairman FALLIN, Vice-Chairman JORDAN of 74th, Secretary

Davis of 86th Hill of 94th

44

JOURNAL OP THE HOUSE,

VOCATIONAL EDUCATION

MAULDIN, Chairman JOINER, Vice-Chairman PHILLIPS of 50th, Secretary

Farrar Pafford

GAME & PISH COMMITTEE

RAINEY, Chairman JOHNSON, Vice-Chairman DICKINSON, Secretary Adams Atherton Bostick Gates Collier Colwell Dent Edwards Evans Floyd of 75th Grahl Hargrett Harrison

Higginbotham Housley Hudson Kreeger Lane of 101st Mullinax Nash Parker of 46th Peters Phillips of 38th Roach Rush Salem Scarlett Toles Whaley

GAME & FISH SUB-COMMITTEE STATE FISHERIES

GRAHL, Chairman GATES, Vice-Chairman TOLES, Secretary

Atherton Edwards

HIGHWAYS COMMITTEE

VAUGHN, Chairman DEAN of 19th, Vice-Chairman McDANIELL, Secretary Ballard Blalock Buck Burrus Cole Collins of 62nd Crowe Dean of 76th Dent Funk Geisinger Hadaway Harris of 10th Hill of 97th Holder Howell

Johnson Joiner Mason Matthews of 63rd Morris Nessmith Northcutt Patterson Pinkston Poole Reaves Rush Sherman Sorrells Thomason Thompson of 86th Wheeler of 18th Wood

MONDAY, JANUARY 13, 1969

45

HIGHWAY SUB-COMMITTEES

HIGHWAY AUTHORITIES

NORTHCUTT, Chairman COLLINS of 62nd, Vice-Chairman BUCK, Secretary

Cole Harris of 10th

HIGHWAY MAINTENANCE SHOP & FACILITIES

THOMPSON of 86th, Chairman FUNK, Vice-Chairman WOOD, Secretary

Joiner Nessmith Rush

INTERSTATE HIGHWAY SYSTEM

BLALOCK, Chairman SORRELLS, Vice-Chairman THOMASON, Secretary

Hill of 97th Patterson

STATE HIGHWAY SYSTEM

BALLARD, Chairman SHERMAN, Vice-Chairman MASON, Secretary

Crowe Johnson

HYGIENE & SANITATION COMMITTEE

SMITH, of 3rd, Chairman HOLDER, Vice-Chairman BROWN of 32nd, Secretary Geisinger Hamilton Hargrett Hudson
Keen

Keyton Lowrey Marcus Miles Shepherd Townsend Wheeler of 18th

HYGIENE & SANITATION SUB-COMMITTEES GENERAL HEALTH

LOWREY, Chairman MARCUS, Vice-Chairman WHEELER of 18th, Secretary

Holder Townsend

NURSING HOMES & HOMES FOR AGED

HARGRETT, Chairman HUDSON, Vice-Chairman KEEN, Secretary

Geisinger Hamilton

46

JOURNAL OF THE HOUSE,

INDUSTRIAL RELATIONS COMMITTEE

LEE of 21st, Chairman ROWLAND, Vice-Chairman MULLINAX, Secretary Barfield Battle Blalock Brown of 110th Conner Ezzard

Holder Lane of 44th Longino Pickard Potts Scarborough Sims Thompson of 86th Townsend

INDUSTRIAL RELATIONS SUB-COMMITTEES

EMPLOYMENT SERVICES

ROWLAND, Chairman HOLDER, Vice-Chairman THOMPSON of 86th, Secretary

Sims Townsend

GENERAL LABOR AFFAIRS

BARFIELD, Chairman BROWN of 110th, Vice-Chairman BATTLE, Secretary

Ezzard Lane of 44th

WORKMEN'S COMPENSATION

PICKARD, Chairman LONGINO, Vice-Chairman SCARBOROUGH, Secretary

Blalock Potts

INDUSTRY COMMITTEE

PICKARD, Chairman SWEAT, Vice-Chairman MILLER, Secretary Adams Bell Burruss Clarke Collins of 72nd Cook DeLong Dent Geisinger Gignilliat

Hill of 97th Horton Knowles Marcus Mullinax McDaniell Nash Peters Phillips of 38th Shepherd Snow Whaley Wheeler of 57th

MONDAY, JANUARY 13, 1969

47

INDUSTRY SUB-COMMITTEES

INDUSTRIAL DEVELOPMENT

NASH, Chairman HILL of 97th, Vice-Chairman PETERS, Secretary

DeLong Horton

INDUSTRIAL INFORMATION & COORDINATION

ADAMS, Chairman GIGNILLIAT, Vice-Chairman KNOWLES, Secretary

McDaniell Mullinax

TOURISTS RELATIONS

SNOW, Chairman SWEAT, Vice-Chairman COLLINS of 72nd, Secretary

Miller Phillips of 38th

INSURANCE COMMITTEE

CONNER, Chairman DIXON, Vice-Chairman LEONARD, Secretary Bohannon Bond Gates Gunter Lee of 61st

Mason McClatchey McCracken Shanahan Thomason Westlake Winkles

INSURANCE SUB-COMMITTEES FIRE, CASUALTY & ALLIED LINES

LEE of 61st, Chairman WESTLAKE, Vice-Chairman BOHANNON, Secretary

Bond Thomason

HEALTH, LIFE & ACCIDENT

SHANAHAN, Chairman MASON, Vice-Chairman WINKLES, Secretary

Gates Gunter

INTERSTATE COOPERATION COMMITTEE

PHILLIPS of 29th, Chairman LAMBERT, Vice-Chairman MOATE, Secretary

McCracken Smith of 3rd

48

JOURNAL OF THE HOUSE,

JUDICIARY COMMITTEE

HARRIS of 77th, Chairman SNOW, Vice-Chairman JONES of 84th, Secretary Alexander Bennett Buck Carnes Cato
Cooper of llth Daugherty Dodson
Egan

Pallin Harris of 67th Harrison Hill of 94th Jordan of 55th Lambert Lee of 61st Levitas
Nunn Ross Thomason

JUDICIARY SUB-COMMITTEES

GENERAL LAW & PROCEDURE

ROSS, Chairman HARRISON, Vice-Chairman HILL of 94th, Secretary

Alexander Levitas

LAW ENFORCEMENT

LEE of 61st, Chairman JORDAN of 55th, Vice-Chairman NUNN, Secretary

Cato Cooper

PARDONS & PAROLES

LAMBERT, Chairman FALLIN, Vice-Chairman DAUGHERTY, Secretary

Carnes Thomason

TRUSTS & ESTATES

HARRIS of 67th, Chairman BENNETT, Vice-Chairman BUCK, Secretary

Dodson Egan

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT COMMITTEE

CALDWELL, Chairman BRANTLEY of 52nd, Vice-Chairman BALLARD, Secretary Gates Horton

Pafford Ross
Sherman
Smith of 39th

MONDAY, JANUARY 13, 1969

49

LOCAL AFFAIRS COMMITTEE

CLARKE, Chairman FARRAR, Vice-Chairman ELLIS, Secretary Davis of 75th

Floyd of 7th Hill of 97th Lane of 101st

MOTOR VEHICLE COMMITTEE

WILLIAMS, Chairman ANDERSON, Vice-Chairman SMITH of 39th, Secretary Adams Barfield Bohannon Brantley of 114th Caldwell Cole Crowe Ellis Gary

Harris of 10th Hood Hutchinson Johnson Knapp Matthews of 16th Milford Peters Poole Rainey Wamble

MOTOR VEHICLES SUB-COMMITTEES

MOTOR CARRIERS

JOHNSON, Chairman HARRIS of 10th, Vice-Chairman COLE, Secretary

Adams Anderson Bohannon

TITLE & LICENSE AFFAIRS

BARFIELD, Chairman POOLE, Vice-Chairman MILFORD, Secretary

Knapp Rainey

TRAFFIC & SAFETY CONTROL

GRAY, Chairman WAMBLE, Vice-Chairman PETERS, Secretary

Hood Hutchinson

NATURAL RESOURCES COMMITTEE

DORMINY, Chairman HAD AWAY, Vice-Chairman EDWARDS, Secretary Battle Jordan of 74th Knapp

Mason Phillips of 50th Poole Simkins Winkles

50

JOURNAL OF THE HOUSE,

NATURAL RESOURCES SUB-COMMITTEES

GAS, OIL, GEOLOGY & MINERALS

MASON, Chairman HADAWAY, Vice-Chairman WINKLES, Secretary

Jordan of 74th Simkins

SOIL CONSERVATION

EDWARDS, Chairman KNAPP, Vice-Chairman PHILLIPS of 50th, Secretary

Battle Poole

RULES COMMITTEE

MR. SPEAKER, Chairman BUSBEE, Vice-Chairman LEWIS, Secretary Brantley of 52nd Buck Caldwell Carnes Conger Connell Dodson Egan Felton Gaynor Graves Hale Harris of 77th

Howell Jones of 59th Lambert Lee of 21st Matthews of 16th Melton Moate McCracken Phillips of 29th Smith of 3rd Sweat Townsend Vaughn Ware Williams

RULES SUB-COMMITTEES

PRIVILEGE RESOLUTIONS

BRANTLEY of 52nd, Chairman WARE, Vice-Chairman HOWELL, Secretary

Lambert McCracken

RULES CHANGES

HALE, Chairman SMITH of 3rd, Vice-Chairman GAYNOR, Secretary

Jones of 59th Phillips of 29th

MONDAY, JANUARY 13, 1969

51

SPECIAL JUDICIARY COMMITTEE

McCLATCHEY, Chairman ROACH, Vice-Chairman DOUGLAS, Secretary Bray Brooks Collier Evans Farmer Felton Gaynor Graves

Gunter Hawes Kreeger Maxwell Pinkston Scarlett Shanahan Scarborough Simkins Sorrells Thompson of 85th

SPECIAL JUDICIARY SUB-COMMITTEES

CODE REVISION

GAYNOR, Chairman DOUGLAS, Vice-Chairman MAXWELL, Secretary

Farmer Shanahan

CONSTITUTIONAL AMENDMENTS

SCARLETT, Chairman HAWES, Vice-Chairman KREEGER, Secretary

Evans Scarborough

INQUIRY & INVESTIGATION

THOMPSON of 85th, Chairman FELTON, Vice-Chairman COLLIER, Secretary

Pinkston Simkins

STATE INSTITUTIONS & PROPERTY COMMITTEE

CHANDLER, Chairman COLWELL, Vice-Chairman POTTS, Secretary Alexander Black Bond Brown of 110th Burruss Conger Dailey Davis of 86th DeLong Dickinson Funk Harrington Harris of 67th Higginbotham

Jones of 87th Jordan of 55th Kreeger McDaniell Moore Nessmith Paris Patterson Rainey Roach Rush Sims Sweat Thompson of 85th Toles Wilson

52

JOURNAL OF THE HOUSE,

STATE INSTITUTIONS & PROPERTY SUB-COMMITTEES

ELEEMOSYNARY INSTITUTIONS

MOORE, Chairman ALEXANDER, Vice-Chairman BURRUSS, Secretary

Harrington Thompson of 85th

PENAL INSTITUTIONS

DAILEY, Chairman ROACH, Vice-Chairman Potts, Secretary

Black Rush

RECREATIONAL FACILITIES

McDANIELL, Chairman NESSMITH, Vice-Chairman SIMS, Secretary

Higginbotham Patterson

STATE INCOME PRODUCING PROPERTIES

RAINEY, Chairman WILSON, Chairman BROWN of 110th, Secretary

Davis of 86th Dickinson Toles

FUNK, Chairman CONGER, Vice-Chairman
DeLONG, Secretary
Harris of 67th

STATE PORTS
Moore Nessmith Paris

STATE OF REPUBLIC COMMITTEE

McCRACKEN, Chairman HOWELL, Vice-Chairman BRAY, Secretary Atherton Blalock Bohannon Connell of 79th Davis of 75th Dorminy Douglas Edwards Floyd of 75th

Hawes Higginbotham Jones of 87th Keen Keyton Lambert Leonard Maxwell Miller Nunn Parker of 46th Scarborough

MONDAY, JANUARY 13, 1969

53

TEMPERANCE COMMITTEE

PARIS, Chairman THOMPSON of 85th, Vice-Chairman
BENNETT, Secretary Conger

Evans Hood
Miles

UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

MATTHEWS of 16th, Chairman LANE of 44th, Vice-Chairman ROSS, Secretary Alexander Anderson Atherton, Ballard Barber Battle Bell Bostick Bowen Brooks Brown of 32nd Cato Chandler Collier

Connell DeLong Farmer Felton Floyd of 7th Gignilliat Horton Jones of 84th Jordan of 55th Leonard Merritt Nunn Odom Morris Toles Westlake Wheeler of 18th

UNIVERSITY SYSTEM OF GEORGIA SUB-COMMITTEES

HIGHER FINANCE

GIGNILLIAT, Chairman BOWEN, Vice-Chairman BOSTICK, Secretary

CONNELL Morris

LONG RANGE PROGRAM

FARMER, Chairman LEONARD, Vice-Chairman MERRITT, Secretary Brooks

Jordan of 55th Ross Westlake

WAYS & MEANS COMMITTEE

MELTON, Chairman PETERSON, Vice-Chairman WAMBLE, Secretary Bennett Berry Bostick Bowen Bray Brooks

Busbee Games Cole Cook Cooper Dailey Dixon Dorminy Egan

54

JOURNAL OF THE HOUSE,

Ellis Fallin Hale Housley Hutchinson Keyton Knapp Lee of 61st Miles Murphy

Nash Phillips of 29th Phillips of 50th Salem Scarlett Simkins Snow Winkles Wood

WAYS & MEANS SUB-COMMITTEES

INCOME & ESTATE TAXES

DORMINY, Chairman BOWEN, Vice-Chairman EGAN, Secretary

Nash Snow

REAL & INTANGIBLE TAX

CARNES, Chairman KNAPP, Vice-Chairman MILES, Secretary

Phillips of 29th Winkles

SALES & USE TAX

HALE, Chairman BENNETT, Vice-Chairman FALLIN, Secretary

Cooper Lee of 61st

SCARLETT, Chairman BOSTICK, Vice-Chairman COOK, Secretary

TAX REVISION
Keyton Wood

PUBLIC UTILITIES & TRANSPORTATION

CARNES, Chairman BROOKS, Vice-Chairman DAILEY, Secretary

Cook Hutchinson

WELFARE COMMITTEE

HARRINGTON, Chairman HARRIS of 67th, Vice-Chairman
MERRITT, Secretary Dean of 76th Ezzard Farmer

Hargrett Hill of 94th
Hood Keen Matthews of 63rd Phillips of 38th

MONDAY, JANUARY 13, 1969

55

WELFARE SUB-COMMITTEES

BENEFITS & AID

HOOD, Chairman PHILLIPS of 38th, Vice-Chairman EZZARD, Secretary

Hill of 94th Matthews of 63rd

JUVENILE MATTERS

HARRIS, of 67th, Chairman HARGRETT, Vice-Chairman DEAN of 76th, Secretary

Farmer Merritt

By unanimous consent, the rules were suspended in order that the following1 Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 2. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 3. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing the dates on which laws shall become effective, so as to provided that said Act shall not apply to local legislation nor to Resolutions intended to have the effect of law; and for other purposes.
Referred to the Committee on Rules.

56

JOURNAL OF THE HOUSE,

HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th, Games of the 104th, Shanahan of the 8th, Westlake of the 75th:

A Bill to be entitled an Act to amend an Act declaring certain days as public and legal holidays, so as to provide that the Tuesday next fol lowing the first Monday in November in each even numbered years shall be a public and legal holiday; and for other purposes.
Referred to the Committee on Industry.

HB 5. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts, so as to change the pro vision relating to population of counties to which Section 8 does not apply; and for other purposes.
Referred to the Committee on Judiciary.

HB 6. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.
Referred to the Committee on Judiciary.

HB 7. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing that the con struction and maintenance of portions of the State-aid system of roads lying within the corporate limits of municipalities shall be the responsi bility of the State Highway Board; and for other purposes.
Referred to the Committee on Highways.

HB 8. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Chapter 85-12, relating to adjoining landowners, creating a new Code Section to provide that where a party wall exists there shall be deemed to be a covenant run ning with each parcel of land in favor of the other parcel of land, etc.; and for other purposes.
Referred to the Committee on Judiciary.

HB 9. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower be barred

MONDAY, JANUARY 13, 1969

57

by a failure to apply for the dower prior to a sale by an administra tor or executor under authority of a court of competent jurisdiction or under power in a will; and for other purposes.
Referred to the Committee on Judiciary.

HB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to be entitled an Act to amend an Act relating to pensions of the City of Albany, so as to increase the amount which the City of Albany may levy, etc.; and for other purposes.
Referred to the Committee on Local Affairs.

HB 11. By Messrs. Odom of the 61st and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.
Referred to the Committee on Appropriations.

HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th, Edwards and Black of the 45th, Mauldin of the 12th, Peterson of the 41st, Nessmith of the 44th, Rush of the 51st and others:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.
Referred to the Committee on Agriculture.

HB 13. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that all Federal and State excise taxes which are imposed upon motor fuel shall not be included in determining the liability for the payment of the tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 14. By Messrs. Henderson, McDaniell, Wilson, Housley, Kreeger, Burruss and Atherton of the 117th, and Murphy of the 19th, and others:
A Bill to be entitled an Act to amend Code Section 13-201.1 relating to certain definitions as used in Title 13 known as the "Banking Law";

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so as to change the provisions relating to the term "village"; and for other purposes.
Referred to the Committee on Banks and Banking.

Mr. Henderson of the 117th moved that HB 14 be engrossed and the motion prevailed.

The Speaker ordered the Bill engrossed.

HR 8-14. By Messrs. Snow and Hale of the 1st and Peters of the 2nd: A Resolution compensating Lee M. Hewitt; and for other purposes.
Referred to the Committee on Appropriations.

HR 9-14. By Mr. Harris the 77th: A Resolution compensating Mrs. Jessie L. Rust; and for other purposes.
Referred to the Committee on Appropriations.

HR 10-14. By Mr. Harris of the 77th:
A Resolution proposing an amendment to the Constitution so as to comprehensively revise Article VI thereof, relating to Judiciary; and for other purposes.
Referred to the Committee on Judiciary.

HB 15. By Messrs. Odom of the 61st, Floyd of the 7th, Lee of the 61st and others:
A Bill to be entitled an Act to authorize the insurance of all State employees; to provide for a sound program of self-insurance; to autho rize the employment of an expert in the field of Workmen's Compensa tion; and for other purposes.
Referred to the Committee on Appropriations.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to-wit:

MONDAY, JANUARY 13, 1969

59

HR 5. By Mr. Busbee of the 61st:
A Resolution providing for a joint session of the General Assembly for the purpose of canvassing and publishing the election returns rela tive to State officials.

The President has appointed as a canvassing committee on the part of the Senate the following:

Senators Adams of the 26th, Chairman, Dean of the 6th, Jackson of the 16th, Kennedy of the 4th and Searcey of the 2nd.

HR 6. By Mr. Busbee of the 61st:
A Resolution calling for a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Gov ernor; and for other purposes.

The President has appointed as a committee of escort on the part of the Senate the following:
Senators Gillis of the 20th, Chairman, Adams of the 5th, Carter of the 14th, Eldridge of the 7th, Garrard of the 37th, Noble of the 19th and Padgett of the 23rd.

HR 7. By Mr. Busbee of the 61st: A Resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Gov ernor; and for other purposes.
The President has appointed as a committee of escort on the part of the Senate the following:
Senators Plunkett of the 30th, Chairman, Andrews of the 49th, Chapman of the 32nd, Cox of the 21st, Fincher of the 54th, Reynolds of the 48th and Smith of the 18th.

The following Resolutions of the House were read and adopted:

HR 11. By Messrs. Smith of the 43rd, Busbee of the 61st, Floyd of the 7th, Levitas of the 77th, Harris of the 67th and others:

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A RESOLUTION

Extending congratulations to Honorable 0. P. "Pete" Hanes; and for other purposes.

WHEREAS, Honorable O. P. "Pete" Hanes, the distinguished and erudite Executive Aide to the Speaker of the House of Representatives celebrated an unnumbered birthday on Sunday, January 12, 1969; and

WHEREAS, even though he was unable to celebrate the occasion by partaking of a frugal but nourishing meal at the Blue Fox Restau rant in San Francisco, it is evident that he enjoyed this auspicious event; and

WHEREAS, the witty and urbane Mr. Hanes, after a most dis tinguished career as a journalist, has begun an even more distinguished career as a retired journalist and astute observer and analyst of the political scene; and

WHEREAS, "Pete", as he is called by his multitude of friends, is one of the best-liked persons in State government and is held in fond affection by every member of this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that heartiest congratulations are hereby ex tended to Honorable O. P. "Pete" Hanes on the occasion of his birthday and the sincerest wishes of every member of this body are hereby offered for many more happy birthdays.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable 0. P. "Pete" Hanes.

HR 12. By Messrs. Floyd of the 7th, Holder of the 49th, Brantley of the 52nd, Dixon of the 65th, Edwards of the 45th and others:
A RESOLUTION
Expressing regret at the passing of Honorable James Carswell "Moody" Daniel; and for other purposes.
WHEREAS, on May 4, 1968, Honorable James Carswell Daniel passed away; and
WHEREAS, he was widely and affectionately known by his count less friends as "Moody"; and
WHEREAS, he served for over 5 years with ability, dedication and loyalty as Chief Aide to Honorable Geo. L. Smith II, Speaker of the House, and also served in that capacity for Honorable George T. Smith, former Speaker of the House; and

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61

WHEREAS, his advice was sought and highly valued by Governors Vandiver, Sanders and Maddox and by the members of the General Assembly and many other public officials; and

WHEREAS, he was an avid sportsman whose companionship on hunting and fishing excursions was in constant demand; and

WHEREAS, he was an acknowledged expert in agricultural mat ters and served with great distinction as an employee of the Georgia Department of Agriculture for fourteen years; and

WHEREAS, he was a native of Burke County and was one of the most outstanding and influential citizens of his community; and

WHEREAS, he is survived by his wife, Mrs. Lorraine Daniel, and three sons, James R., Jack C., and Jerry M. Daniel.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their profoundest regret at the passing of Honorable James Carswell "Moody" Daniel who was not only a friend to the members of this body but to all people who had the good fortune to know him.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution, with the Seal of the House affixed thereto, to Mrs. Lorraine Daniel, Mr. James R. Daniel, Mr. Jack C. Daniel and Mr. Jerry M. Daniel.

HR 13. By Messrs. Smith of the 43rd, Floyd of the 7th, Holder of the 49th, Brantley of the 52nd, Dixon of the 65th and others:
A RESOLUTION
Expressing regret at the passing of Honorable Albert Sidney New ton; and for other purposes.
WHEREAS, on October 5, 1968, Honorable Albert Sidney Newton passed away; and
WHEREAS, he was one of the most respected and influential mem bers of the House of Representatives and was held in the highest esteem by all who knew him; and
WHEREAS, he was recognized as one of the most outstanding farmers and businessmen in the Southeast; and
WHEREAS, he served with great distinction as a member of the Agriculture Committee and as Chairman of the Markets and Marketing Subcommittee thereof; and

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WHEREAS, he was a member of the Georgia Senate for the 1961-62 term and a member of the House from 1963 until his passing; and

WHEREAS, he was a native of Jenkins County and was promi nent in the civic, church and governmental affairs of his community and served as County Commissioner from 1941 until 1961; and

WHEREAS, his wise counsel and warm companionship will be sin cerely missed by the members of the General Assembly; and

WHEREAS, he is survived by his wife, Mrs. Edna Spell Newton, two daughters, Mrs. William Downey, III, and Mrs. Roland Summers, one son, Mr. John Cleveland Newton, and three sisters, Mrs. Leo Phillips, Sr., Mrs. Douglas Welch and Mrs. W. R. Bargeron.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable Albert Sidney Newton and do hereby further express their 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 appro priate copies of this Resolution to Mrs. Edna Spell Newton, Mrs. Wil liam Downey, III, Mrs. Roland Summers, Mr. John Cleveland Newton, Mrs. Leo Phillips, Sr., Mrs. Douglas Welch and Mrs. W. R. Bargeron.

HR 14. By Messrs. Snow of the 1st, Hale of the 1st and Crowe of the 1st:
A RESOLUTION
Extending congratulations on the birth of Shaw Walker Abney; and for other purposes.
WHEREAS, Shaw Walker Abney was born on Wednesday, August 14, 1968; and
WHEREAS, Senator Billy Shaw Abney, who is beginning his ninth year as a member of the General Assembly, and his wife Ann, who is Reading Coordinator for the Walker County School System, are Shaw Walker Abney's proud parents; and
WHEREAS, the members of this body are most pleased and de lighted at the good fortune of Senator Abney and his wife.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby offered to Senator and Mrs. Billy Shaw Abney upon the birth of their son and best wishes for a most successful future are hereby extended to Shaw Walker Abney.

MONDAY, JANUARY 13, 1969

63

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

HR 15. By Mr. Dodson of the 82nd:
A RESOLUTION
Creating an interim committee to attend the inauguration of the President-Elect, Richard M. Nixon; and for other purposes.
WHEREAS, on January 20, 1969, the 37th President of the United States will be inaugurated in Washington, D. C.; and
WHEREAS, it is desirable that this House be officially represented at said inauguration.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to be composed of three members of the House of Representa tives to be appointed by the Speaker thereof. Said committee shall represent the House of Representatives of the Georgia General Assem bly at the inauguration of Richard M. Nixon as the 37th President of the United States. The members of the committee shall receive the compensation, expenses and allowances authorized for members of in terim committees.

Pursuant to the provisions of HR 15, the Speaker appointed as an interim committee to represent the House of Representatives of the Georgia General Assembly the following members:
Messrs. Dodson of the 82nd, Westlake of the 75th and Knapp of the 81st.
The following Resolution of the House was read and referred to the Com mittee on Industry.

HR 16. By Snow of the 1st, Crowe of the 1st, Peters of the 2nd and Williams of the llth:
A RESOLUTION
Urging that the famous steam locomotive known as the GENERAL be placed in the Chickamauga National Military Park at Chickamauga, Georgia; to repeal a specific Resolution; and for other purposes.
WHEREAS, the GENERAL is a famous steam locomotive; and

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WHEREAS, the GENERAL has great historical significance be cause of its involvement in the War Between the States; and

WHEREAS, the Chickamauga National Military Park is an ideal place for retaining the famous steam locomotive.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the GENERAL be placed in the Chicka mauga National Military Park at Chickamauga, Georgia and be avail able to the public view.

BE IT FURTHER RESOLVED that a Resolution urging that the famous steam locomotive known as the GENERAL be returned to the State of Georgia, approved April 6, 1967 (Ga. Laws 1967, p. 418), is hereby repealed in its entirety.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. William H. Kendall, President of the Louisville and Nashville Railroad Company.

The Honorable Phil Campbell, Georgia Commissioner of Agriculture for a number of years, and newly appointed Undersecretary of Agriculture in Wash ington, was introduced to the members of the House and delivered a brief ad dress.

Mr. Busbee of the 61st 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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65

Representative Hall, Atlanta, Georgia Tuesday, January 14, 1969

The House met pursuant to adjournment at 10:00 o'clock A. M., this day and was called to order by the Speaker.

Prayer was offered by Dr. Othell Hand, Pastor, First Baptist Church, Columbus, Georgia.

The roll was called and the following Representatives answered to their names:

Adams Alexander Anderson Ballard Barber Barfield
Battle Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner

Cooper Crowe D alley Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis
Evans Ezzard Fallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.

Hawes Henderson Higginbotham Hill, B. L.
Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M.
Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken

66
McDaniell Melton Merritt Miles Milford Miller Moate Moore Mullinax Nash Nessmith Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson

JOURNAL OF THE HOUSE,

Phillips, L. L.
Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach
Rowland Rush
Russell Scarborough Scarlett
Shanahan Sheperd Sims Smith, V. T. Snow

Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble
Ware Westlake
Whaley Wheeler, Bobby Wheeler, J. A.
Winkles Williams Wilson Wood Mr. Speaker

Mr. Black of the 45th, 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. Report of Standing Committees.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 16. By Messrs. Caldwell of the 39th, Williams of the llth and Moate of the 28th:

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67

A Bill to be entitled an Act relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 17. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.
Referred to the Committee on Insurance.

HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to be entitled an Act to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.
Referred to the Committee on Insurance.

HB 19. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act relating to gifts of securi ties to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.
Referred to the Committee on Insurance.

HB 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.
Referred to the Committee on Insurance.

HB 21. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retire ment System; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 22. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 23. By Mr. Parker of the 46th:
A Bill to be entitled an Act to require the owners of real property or persons having immediate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or otherwise stop the flow of any such well, except when in use, when certain conditions exist; and for other purposes.
Referred to the Committee on Natural Resources.

HB 24. By Mr. Parker of the 46th:
A Bill to be entitled an Act to designate "perpetual care" and "no per petual care" cemeteries; to provide for trust funds for perpetual care cemeteries; to provide for a State Cemetery Board to administer this Act; and for other purposes.
Referred to the Committee on Industry.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relat ing to the hospitalization and release of mentally ill persons by pro viding procedures for the voluntary, emergency and evaluation admis sions of patients; and for other purposes.

HB 2. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.

TUESDAY, JANUARY 14, 1969

69

HB 3. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing the dates on which laws shall become effective, so as to provide that said Act shall not apply to local legislation nor to resolutions intended to have the. effect of law; and for other purposes.

HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th, Games of the 104th, Shanahan of the 8th, Westlake of the 75th:
A Bill to be entitled an Act to amend an Act declaring certain days as public and legal holidays, so as to provide that the Tuesday next following the first Monday in November in each even numbered year shall be a public and legal holiday; and for other purposes.

HB 5. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts, so as to change the provision relating to population of counties to which Section 8 does not apply; and for other purposes.

HB 6. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.

HB 7. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing that the con struction and maintenance of portions of the State-aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board; and for other purposes.

HB 8. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Chapter 85-12, relating to adjoining landowners, creating a new Code Section to provide that where a party wall exists there shall be deemed to be a covenant running with each parcel of land in favor of the other parcel of land, etc.; and for other purposes.

HB 9. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an admin-

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istrator or executor under authority of a court of competent jurisdic tion or under power in a will; and for other purposes.

HB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to be entitled an Act to amend an Act relating to pensions of the City of Albany, so as to increase the amount which the City of Albany may levy, etc.; and for other purposes.

HB 11. By Messrs, Odom of the 61st and Floyd of the 7th:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, so as to require information from any budget unit which has plans for the institution of any new program; and for other purposes.
HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th, Edwards and Black of the 45th, Mauldin of the 12th, Peterson of the 41st, Nessmith of the 44th, Rush of the 51st and others:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his member ship in the Retirement System; and for other purposes.
HB 13. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales Tax Act", so as to provide that all Federal and State excise taxes which are imposed upon motor fuel shall not be included in determining the liability for the payment of the tax imposed by said Act; and for other purposes.
HB 14. By Messrs. Henderson, McDaniell, Wilson, Housley, Kreeger, Burruss and Atherton of the 117th, and Murphy of the 19th, and others:
A Bill to be entitled an Act to amend Code Section 13-201.1 relating to certain definitions as used in Title 13 known as the "Banking Law", so as to change the provisions relating to the term "village"; and for other purposes.
HR 8-14. By Messrs. Snow and Hale of the 1st, and Peters of the 2nd:
A Resolution compensating Lee M. Hewitt; and for other purposes.
HR 9-14. By Mr. Harris of the 77th: A Resolution compensating Mrs. Jessie L. Rust; and for other purposes.

TUESDAY, JANUARY 14, 1969

71

HR 10-14. By Mr. Harris of the 77th:
A Resolution proposing an amendment to the Constitution so as to comprehensively revise Article VI thereof, relating to Judiciary; and for other purposes.

HB 15. By Messrs. Odom of the 61st, Ployd of the 7th, Lee of the 61st and others:
A Bill to be entitled an Act to authorize the insurance of all State employees; to provide for a sound program of self-insurance; to autho rize the employment of an expert in the field of Workmen's Compensa tion; and for other purposes.

Mr. Smith of the 3rd, 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 1. Do Pass. HB 2. Do Pass.
Respectfully submitted,
Smith of the 3rd, Chairman.
Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 5. Do Pass. HB 6. Do Pass. HB 9. Do Pass.
Respectfully submitted, Harris of the 77th, Chairman.

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Mr. Busbee of the 61st, Vice Chairman of the Committee on Rules submitted the following report:
f

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill of the House and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:

HB 3. Do Pass.

Respectfully submitted, Busbee of the 61st, Chairman.

The following communication from His Excellency, Governor Lester G. Maddox, was received and read:

EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta
January 13, 1969
Honorable George L. Smith Speaker of the House State Capitol
Atlanta, Georgia 30334 Dear Mr. Speaker:
Pursuant to the rules of the House of Representatives, I hereby certify that Honorable T. B. Murphy of the 19th Representative District of Haralson County has been duly appointed by me as Administration Floor Leader of the House of Representatives.
Sincerely, /s/ Lester Maddox
Governor
LM:rm cc: Honorable Glenn Ellard
Clerk, House of Representatives

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73

The following Resolutions of the House were read and adopted:

HR 25. By Messrs. Smith of the 43rd, Pickard of the 84th, Buck of the 84th, Thompson of the 86th, Berry of the 85th, Jones of the 84th, Davis of the 86th and Thompson of the 85th and others:
A RESOLUTION
Extending congratulations to James H. Wynn; and for other purposes.
WHEREAS, James H. Wynn, Capitol correspondent for the Colum bus newspapers for several years, has been named Associate Editor of the Columbus Ledger and the Sunday Ledger-Enquirer; and
WHEREAS, Jim, as he was called by his many friends at the Capi tol, performed an outstanding job while covering the sessions of the General Assembly and was known for his fairness in reporting events at the Capitol; and
WHEREAS, the members of this body while regretting that he will no longer be at the Capitol know that he will be an excellent addition to the editorial staff of the Columbus papers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that sincerest congratulations are hereby extend ed to James H. Wynn on his appointment as Associate Editor of the Columbus Ledger and the Sunday Ledger-Enquirer, and the members of this body hereby wish for him a long and successful career.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit a suitable copy of this reso lution to James H. Wynn.

HR 26. By Mr. Scarborough of the 81st:
A RESOLUTION
Commending Mrs. Agnes L. Freeney; and for other purposes. WHEREAS, Mrs. Agnes L. Freeney has retired as the Treasurer of Bibb County after having served continuously in that capacity since 1931; and
WHEREAS, prior to assuming the position of County Treasurer, Mrs. Freeney assisted her father, the former Treasurer of Bibb County, from 1919 until she was elected County Treasurer; and
WHEREAS, over the span of almost one-half of a century, Mrs. Freeney has been a devoted public servant in Bibb County, discharging

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the responsibilities and duties of her high public office in a distinguished, efficient and congenial manner; and

WHEREAS, it is only befitting and proper that this body recognize the outstanding public service of this distinguished citizen of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mrs. Agnes L. Freeney upon her retirement from a long and distinguished career of public service to the citizens of Bibb County.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Mrs. Agnes L. Freeney.

HR 27. By Messrs Smith of the 43rd, Matthews of the 16th, Farmer of the 16th, Brooks of the 17th, Melton of the 32nd and others:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Dr. Fred C. Davison, President of the University of Georgia; and for other purposes.
WHEREAS, Dr. Fred C. Davison, President of the University of Georgia, has performed an outstanding job in administering the affairs of the University of Georgia in Athens, Georgia; and
WHEREAS, he has been faced with many complex problems of great magnitude and has exhibited unusual ability in coping with and solving those problems; and
WHEREAS, the University of Georgia has now become one of the finest institutions of higher education in the country, and the members of the General Assembly would be privileged and honored to hear an address by the President of this institution.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Dr. Fred C. Davison is hereby extended a most cordial invitation to address a joint session of the House of Rep resentatives and Senate at 11:00 o'clock a.m., Monday, January 20, 1969.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate shall be held in the Hall of the House of Representatives at 10:45 o'clock a.m. on the aforesaid date for the purpose of hearing said address.
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives and the President of the Senate are hereby authorized

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75

to make whatever arrangements are necessary in order to carry out the purposes of this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Dr. Fred C. Davison.

Pursuant to the provisions of HR 27, the Speaker appointed as a Committee of Escort on the part of the House the following members thereof:

Messrs. Brooks of the 17th, Farmer of the 16th, Ross of the 26th, Sorrells of the 24th and Lambert of the 25th.

HR 28. By Mr. Scarborough of the 81st:
A RESOLUTION
Expressing desire that the "Nancy Hanks" passenger train be con tinued; and for other purposes.
WHEREAS, the Southern Railway System, which controls the Cen tral of Georgia Railway Company, which in turns owns the "Nancy Hanks" passenger train, is in the midst of an effort to discontinue the daily run of the Nancy Hanks from Macon to Atlanta to Savannah (and from Savannah to Atlanta to Macon); and
WHEREAS, the Nancy Hanks has been in continuous operation since 1947, and the Nancy Hanks carried an average of 115.4 passen gers per trip (between September 30, 1967 and September 30, 1968); and
WHEREAS, the Central of Georgia Railway Company and the Southern Railway System are making millions of dollars each year; and
WHEREAS, these railroads have been given many concessions by the General Assembly of Georgia, including the right of eminent do main, and it should go without saying that the railroads owe an obliga tion to the public to provide complete rail service--not just the profit able freight service; and
WHEREAS, the Nancy Hanks is the last passenger train traveling from Atlanta to Macon to Savannah, and from Savannah to Macon to Atlanta, and it is the feeling and belief of this Body that the train should be required to continue its obligation to the public by providing daily passenger service to these cities and the other Georgia cities and towns which lie between and among them.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body hereby expresses its desire that the Nancy Hanks passenger train continue its daily run.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the members of the Board of Directors of the Southern Railway System and the Central of Georgia Railway Company, and to the members of the Georgia Public Service Commission.

HR 29. By Mr. Scarborough of the 81st:
A RESOLUTION
Expressing sympathy at the passing of Honorable Charles C. Mercer, Jr.; and for other purposes.
WHEREAS, Honorable Charles C. Mercer, Jr., recently passed away; and
WHEREAS, Charles Mercer was a devoted and loyal employee of the Georgia State Game and Fish Commission; and
WHEREAS, Charles Mercer was an outstanding leader in the civic and religious community of his county and State; and
WHEREAS, the many contributions contributed, by this distin guished citizen of the State of Georgia will be sorely missed by his un timely death.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby extend its deepest and most heartfelt sympathy to the members of the family of Honor able Charles C. Mercer, Jr., and to his many friends and acquaintances.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Mrs. Charles C. Mercer, Jr., Sherry Ann and Vincent Mercer, and Mrs. and Mrs. Charles C. Mercer, Sr.

HR 30. By Mr. Scarborough of the 81st:
A RESOLUTION
Commending Dr. Jack Kenneth Carlton; and for other purposes.
WHEREAS, Honorable Jack Kenneth Carlton, President of the Macon Junior College, has been the guiding hand in the development of this outstanding educational institution; and

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77

WHEREAS, upon the founding of the Macon Junior College, Dr. Carlton assumed the Presidency of this institution and has continued to serve in that capacity without interruption; and

WHEREAS, Macon Junior College has proven to be an invaluable asset to the economic, industrial and educational growth of Bibb County and Middle-Georgia; and

WHEREAS, in addition to his able administrative abilities. Dr. Carlton is a recognized authority in his chosen field of chemistry; and

WHEREAS, during his long and distinguished career, Dr. Carlton has made many contributions to the field of higher education in this State and nation; and

WHEREAS, it is only befitting and proper that this outstanding educator be recognized for his contributions to the citizens of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate Dr. Jack Kenneth Carlton for the many outstanding contri butions which he has made to the field of higher education and for his enlightened leadership in developing the Macon Junior College into one of the most distinguished higher educational institutions of this State.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Dr. Jack Kenneth Carlton and to the Macon Junior College.

HR 31. By Mr. Scarborough of the 81st:
A RESOLUTION
Commending Honorable Durwood Mercer; and for other purposes.
WHEREAS, Honorable Durwood Mercer, one of this State's dis tinguished former jurists and now an outstanding practicing attorney, has been honored by being elected Grand Master of the Masonic Lodge of Georgia; and
WHEREAS, this distinct honor has placed Durwood Mercer in the position of the leader of all Georgia Masons; and
WHEREAS, during a long and distinguished life, Durwood Mercer has been an outstanding leader of the business, civic and religious com munity of his State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con-

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gratulate Durwood Mercer upon his assumption of the duties of Grand Master of the Masonic Lodge of Georgia, and for his distinguished career as an outstanding jurist and practitioner of jurisprudence.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Honorable Durwood Mercer.

HR 32. By Mr. Scarborough of the 81st:
A RESOLUTION
Honoring Honorable H. Ed Ruark; and for other purposes.
WHEREAS, Honorable H. Ed Ruark is the Director of the Georgia Forest Research Council; and
WHEREAS, during his long and distinguished career in forest fire prevention, Ed Ruark has been of invaluable service to the people of the State of Georgia in the protection of their forest lands; and
WHEREAS, Mr. Ruark was a former Fire Chief of the Georgia Forestry Commission; and
WHEREAS, Ed Ruark's expertise in his field has been recognized by his having been appointed to the National Wildfire Disaster Board and will assist in the development of broad policies, guidelines and standards for the prevention of fire disasters; and
WHEREAS, it is only befitting and proper that this body grant recognition to the many public services which this distinguished citizen of this State has provided to the people of his State and nation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable H. Ed Ruark for the many contributions which he has made to the citizens of this State through his outstanding service on the Georgia Forestry Commission and the Georgia Forest Research Council.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Honorable H. Ed Ruark.

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79

The following communication from His Excellency, Governor Lester G. Maddox, was received and read:

EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta

Honorable George L. Smith II Speaker of the House of Representatives
of the State of Georgia State Capitol Atlanta, Georgia 30334

April 18, 1968

Dear Speaker Smith:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following House Bills and House Resolution passed and adopted at the 1968 Session of the General As sembly of Georgia were vetoed by me for the reasons set forth below:
H. B. 1023 (Veto #20)--By Representative Wiggins and Threadgill of the 32nd and others, amending Code Chapter 34-10, so as to pro vide that all petitions for the nominations of candidates shall be filed with the Ordinary of that county within which the petition was circu lated and signatures compiled; and for other purposes. This bill was vetoed because I did not feel that such legislation should be enacted during an election year to affect candidates who had already announced that they would seek election to public office by having their names placed on the ballot after submission of nominating petitions as required by law. I further feel that said bill should be given further study rela tive to ascertaining the constitutionality thereof, it being my feeling that constitutional objections could be made thereto because candidates hav ing their names placed on ballots after obtaining nomination petitions would be, in effect, required to pay a fee where other candidates whose names were placed on the general election ballot would not be required to pay any sum whatsoever. It is my observation that the value of the time and effort expended in obtaining sufficient signatures on a nomi nating petition as required by the laws of the State of Georgia would far exceed the cost of a candidate of a political party having his name placed on the ballot in the Primary and General Elections in that such candidate would only have to pay a qualifying fee as prescribed by the Party.
H. R. 523-1104 (Veto #21)--By Representative Murphy of the 26th and others, creating a Constitution Revision Commission; and for other purposes. This Resolution was vetoed because I felt that the Com mission created therein was not composed of a representative group suf ficient to adequately revise the Constitution of the State of Georgia, and for the further reason that no funds were specifically appropriated for said purpose.

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H. B. 869 (Veto #22)--By Representative Parker of the 55th and others, amending 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. This bill was vetoed at the request of the authors.
H. B. 952 (Veto #23)--By Representative Moore of the 20th, amending an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation" shall include com pensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes. Notwithstanding this bill contained several changes that were needed to facilitate the administration of the Teachers' Retirement System, an amendment to Section 4 of said bill vitally affected the enforcement policies of the Board of Trustees of the System. Upon the advice and request of the Board of Trustees, I vetoed said legislation.

H. B. 1103 (Veto #24)--By Representative Wilson of the 109th and others, amending an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allot ment of teachers; and for other purposes. This bill was vetoed because the provisions of said bill would penalize local school systems in that it would cause them to employ additional teachers at local expense in order to meet the requirements of the provision dealing with the first three grades. The basis for allotment of teachers would not be changed and, as a result, any additional teachers which the law would require would have to be at local expense. Many of our school systems are al ready having financial difficulties and this additional burden would be additional hardship for them. It is my opinion that the financing of such legislation should be given very serious study and a new bill presented at the next session of the General Assembly. As a matter of informa tion, S. B. 247 (Veto #33) deals with the same subject matter, and after conference with the authors of both H. B. 1103 and S. B. 247, I vetoed both of said bills.
H. B. 1156 (Veto #25)--By Representative Sherman of the 105th and others, amending an Act known as "The Georgia Public Assistance Act of 1965", so as to provide that acceptance of public assistance pay ments after a certain date shall constitute a debt of the recipient; and for other purposes. This bill was vetoed because it was my feeling that the provisions of said legislation would be practically impossible to en force and the provisions thereof were extremely discriminatory against the citizens of this State who may be absolutely destitute for finances but at the same time owned small parcels of land upon which they main tained a residence. Many small land owners with modest improvements thereon would be forced to sell their home prior to their death to avoid the imposition of a lien thereon which would cause greater hardship and dislocation of such families. It is my feeling that additional study should be made relative to said legislation in order to alleviate the objections I have made to said legislation.

H. B. 1221 (Veto #26)--By Representative McClatchey of the 138th, revising Chapter 9-2 of the Code of Georgia of 1933, as amended, relat ing to the admission to the bar of this State of attorneys licensed to

TUESDAY, JANUARY 14, 1969

81

practice law in another state of the United States or the District of Columbia, without examination; and for other purposes. I was informed that this bill was to improve the procedure for dealing with applications for out-of-state attorneys for admission to the Bar of the State of Geor gia. As a general rule, I am in favor of improving the qualifications of those who practice the professions in the State of Georgia. After conferences with several outstanding attorneys, H. B. 1221 was vetoed because I felt that said bill needed further study, and because I feel that any such legislation should provide that an applicant seeking admission to the Bar of the State of Georgia pursuant to the provisions of Code Section 9-201 should be required to furnish proof that pursuant to the laws of the foreign State of the United States or District of Columbia, an applicant from the State of Georgia possessing the same qualifica tions would be eligible to admission by county.

H. B. 1292 (Veto #27)--By Representative Savage of the 58th, amending Code Section 109A-2-316 of the "Uniform Commercial Code", so as to exclude from the application of the implied warranties of mer chantability and fitness for particular purpose the storage, etc., distri bution 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. This bill was vetoed be cause it was felt that to exempt the procurement, processing, storage, distribution or use of whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body from the implied warranties of merchantability and fit ness for particular purposes as provided in Section 109A-2-314 and 109A-2-315 of the "Uniform Commercial Code" was too broad in scope. The bill further provided that blood, blood plasma, blood products, blood derivatives, tissue or organs should not be considered as commodities subject to barter and sale as provided in Article 2 of the "Uniform Com mercial Code", but would be considered as medical services. It was felt that this provision, too, was too broad in scope. The applicability of the exemption and proviso stated in said bill did not limit the provisions thereof to those members of the professions who generally furnish the products or perform the services set out in said bill. "Medical services" means the general and usual services and care rendered and administered by doctors of the applicable professions. Any exemption as is afforded said bill should be limited to the professional persons authorized and qualified to render such medical services.

H. B. 1502 (Veto #28)--By Representative Collins of the 62nd, amending an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be ren dered by the City of Lyons; and for other purposes. This bill was vetoed because notice of the intention to apply for such legislation was not published as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia.
H. B. 1557 (Veto #29)--By Representative Hadaway of the 46th, amending an Act creating a board of commissioners of roads and reve nues for Jones County, so as to provide for commissioner posts; and for other purposes. This bill was vetoed at the request of the author.

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H. B. 1600 (Veto #30)--By Representative Clarke of the 45th, pro viding for the election of members of the board of education of Butts County; and for other purposes. This bill was vetoed at the request of the author.

Respectfully submitted, /s/ Lester Maddox
Governor

LM:jc cc: Honorable Arthur K. Bolton
Honorable Ben W. Fortson, Jr. Honorable Frank H. Edwards

The Speaker announced the House in recess until 11:20.

The Speaker called the House to order.

The hour of convening the Joint Session under the provisions of HR 5 and HR 6 having arrived, the Senate appeared upon the floor of the House.

The Joint Session was called to order by the President of the Senate.

HR 5, relative to canvassing and publishing the election returns, was read.

The following report of the Committee of Tellers was read:

TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION:
We, the tellers, appointed to canvass the votes for Associate Justices of the Supreme Court, Judges of the Court of Appeals of Georgia, and for Public Service Commissioner, beg leave to submit the following report:

For Associate Justice of the Supreme Court of Georgia
Democratic Party
W. H. Duckworth John E. Frankum H. E. Nichols (unexpired term) H. E. Nichols Hiram K. Undercofler

Vote
767,093 793,308 737,514 728,933 729,603

TUESDAY, JANUARY 14, 1969
For Judge, Court of Appeals of Georgia
Democratic Party
John Sammons Bell Robert H. Jordan George P. Whitman, Sr. Robert Howell Hall J. Kelley Quillian Homer C. Eberhardt

83
Vote 728,464 730,711 730,442 726,842 722,956 721,667

For Public Service Commissioner

Democratic Party

Vote

W. H. (Bill) Kimbrough 702,524 (Write in votes on next page)

Republican Party Al Stakely

Vote 242,344

We recommend the candidates named above, who have received a majority of the votes be and they are hereby declared elected to their respective offices.

Respectfully submitted:
ON THE PART OF THE SENATE:
/a/ J. W. Adams /s/ Roscoe Dean /s/ J. Kennedy /s/ Ford Spinks /s/ Wm. Searcey

ON THE PART OF THE HOUSE:
/s/ A. B. C. Dorminy /s/ Jack H. Cole /s/ Charles L. Carnes /s/ C. C. Bray, Jr. /s/ J. S. Higginbotham

County Clayton
Fulton

Write In Votes

Judge Court of Appeals

Name

Vote

Harold R. Banke

1

Edwin S. Kemp

1

Judge Court of Appeals to succeed

Frankum (Milligan) Norton

1

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County Clayton
Floyd Fulton Gwinnett

Associate Justice Supreme Court

Name

Vote

John Westmoreland

1

Thad Clay

1

Joe T. Lane

1

Lexter Maddox

1

John Maddox

1

Associate Justice Supreme Court to succeed

Duckworth (John Westmoreland)

1

Howard Galloway

1

Thomas E. Addison

1

Joseph H. Casey

1

Mrs. John A. Cauble

1

G. Paul Jones, Jr.

1

John Westmoreland

2

By unanimous consent, the report of the Tellers was adopted.

HE 6, calling for a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor, was read.

Accompanied by the Committee of Escort and other distinguished guests, Governor Maddox appeared upon the floor of the House.

Lieutenant Governor George T. Smith presented Governor Lester G. Maddox, who delivered the following address:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS.
It is a truly great experience to participate at this hour in the his tory of our State and our Nation, for we have passed into the beginning of a new age.
A stimulating age.
Full of inspiration.
Posing challenge after challenge after challenge.
It is a time requiring leadership and dedication of the highest order.
A time for us to take off the old, no longer of value, and to put on the new.
A time for new approaches to old problems.

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85

A time to reaffirm our enduring faith--the kind of faith that was relayed to us only a few short weeks ago from across the great void of space.
A time to think and a time to pray.
A time for man to expand his horizons, to dream, to plan, to work, and to build.
I am encouraged and full of hope as I look out and see those with whom I have worked so closely over past months and those who are here for the first time.
I see a blending of experience and youth which bodes well for Georgia.
I come before you on this occasion offering my full cooperation and seeking yours.
I am grateful for the close and friendly working relationship which has existed between the Members of the Legislative Branch and the Executive Branch.
A relationship which has been characterized by open doors in both Branches.
A relationship which has brought Georgia to the zenith of her growth and development.
The Governor and the Staff of the Executive Department are ready to work with you in every way to further the interests of the State and her people. I urge that you call upon me when I may be of assistance to you--and I humbly seek your understanding, your cooperation and your counsel as we work to achieve our common goal of making ours a better State in which to live.
I am confident that a deep sense of duty will compel each of us to live up to the great trust and confidence which the electorate has placed in us, both collectively and as individuals.
The issues we face are complex, and dealing with them will be try ing. But, the progress we have made should provide the inspiration needed to get the job done.
Let's look for a moment at education.
We are in the best possible position for qualified teachers since we have been in the business of public education. While children and class rooms in some other states have been without teachers, this has not been true in Georgia.
Rather than being faced with a critical teacher shortage, as pre dicted earlier, Georgia, according to a survey in September, 1968, was the only State in 50 with an ample supply of qualified applicants.
In this one year, alone, some 15,000 students were added. They re quired 600 teachers and 600 classrooms--the equivalent of 20 new 30room school buildings with all the equipment, facilities, staff and books required for them.

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All of this is possible because we together had the courage and foresight to make advances in education during the past two years that exceeded any previous four years, and that of any other Southeastern State during this period.
Many said it couldn't be done. But you didn't believe it.
What about higher education?
Nine out of ten Georgians now live within 35 miles of a State insti tution of higher learning.
We are finally competitive in holding and attracting qualified pro fessors in the University System. We have grown from an enrollment of 30,000 in 1960, to 77,000 in 1968--an increase of some 8,500 in this school term alone, which is more than the equivalent of starting a new Georgia Tech.
We can share full pride that Georgia has won for itself national recognition and admiration from the educational, industrial and govern mental leaders of this country.
You helped make this possible, too.
What about industrial development?
With your help, we have been able to do more about telling the story of Georgia's industrial opportunities in one fiscal year than in any one previous four-year period and, with the present fiscal year that closes our first biennium, our promotional program in these two years will exceed any previous 12-year period.
Dollars for new and expanded industry for the fiscal year ended June 30, 1968, amounted to more than 625 million dollars--exceeding the previous two record fiscal years combined, and the increase in fiscal 1968 alone amounted to the total increases of the previous ten years.
In a survey conducted by a national magazine among leading busi nessmen and industrialists to determine where they would like to locate their plants or make their investments, our own State of Georgia re ceived more favorable responses than any other State in the Southeast.
And what about mental health ?
Our regional mental health program is well underway with facili ties now open in Thomasville, Bainbridge and Atlanta, one soon to be opened in Augusta, one under construction in Savannah, and one each planned for Rome and Columbus. These, together with the new Re tardation Center in DeKalb County, which will open this Spring, will give Georgia a decentralized mental health program without equal in the nation.
And what about penal reform?
In keeping with the open door policy of this Administration, we have thrown open Georgia's backward and benighted prison system to the scrutiny of the press and public of this State; comprehensive in vestigations of conditions in all areas of the penal system have been con ducted and, when we implement the recommendations to be made to this Session, there will be true penal reformation and rehabilitation in

TUESDAY, JANUARY 14, 1969

87

Georgia for the first time. The time for talking and investigating is past--the time for action is now.
However, in our expression of concern and compassion, and in our zeal to lend a helping hand to those who inhabit our prisons and who have moved in the wrong direction, we must also continue to meet our first responsibility of government, that of protecting the lives and property of the law-abiding citizens and achievers in this State.
It is well-known by the people of this country that there are places where this responsibility has not been met, and the people have suffered accordingly. Thank God, this condition is to a lesser degree in Georgia than in many other places. We have maintained the peace, tranquility and progress and, so long as Lester Maddox is Governor of Georgia, it will continue!
To you young people who are now watching from elementary, high school and college classrooms--you who are earning, learning and building up--rather than ruining, burning and tearing down as some do--you, too, are helping to make it all possible--we say thanks. Your Governor, the distinguished members of your State Legislature and your parents are proud of you.
And what about workmen's compensation?
Advances which had been actively sought for many years in the field of workmen's compensation became a reality through legislation advocated by this Administration and passed into law by you. These advances represent the greatest single increase since the enactment of Georgia's workmen's compensation laws.
Just as we have made unprecedented progress in these areas, our ac complishments have been equally significant in the Departments of Labor, Veterans Service, Game and Fish, Parks, Forestry, Tourism, Public Safety, Agriculture, Revnue, Family and Children Services and Highway.
The moral tone of State Government has never been higher. Where corruption has been found, it has been cleaned up. Where inefficiency has been discovered, it has been corrected. Where waste has been un covered, it has been stopped.
With your support, and that of the people of this State, we brought about a new day in the State Board of Pardons and Paroles by requiring the first investigation and reformation of the system since its beginning. There is now hope and opportunity for all prison inmates--black and white, the unknown and the influential.
This Administration not only has preached honesty, morality, econ omy and efficiency, but it also has practiced them. And it will continue to do so!
As I promised as a candidate, it has been the practice of this Ad ministration--and shall continue to be--to make certain that the people of this State have an opportunity to participate in their government in every way possible.
I'm extremely proud that there have been more visitors to your Governor's Mansion in the past two years than in the past quarter of a century.

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Toward this end of involving the people of Georgia in their govern ment, I have gone to the lowlands and the highlands--to the slums and to the suburbs--to the wage earner and to the wage payer--to the de prived and to the provider--to the schoolhouses and to the prisons--to the farms and to the factories--to the churches and to the homes.
I am grateful for the hospitality the people and the elected repre sentatives have shown me and the confidence they have given me during my Administration.
Now, my fellow Georgians, although it has been customary for Governors, including this one, to devote practically all of their State of the State messages to lengthy recitals of the accomplishments of their administrations, my purpose here today is not to dwell at length on the past, but to talk to you as candidly and as forthrightly as I know how about the future.
I think it would best serve the public interest and do more toward achieving a general enlightenment to devote the remainder of my re marks to you here today to the subject of where we are in Georgia, financially, how we got there, and where we go from here.
Prudence and sound financial administration demand that you and I recognize that the day of fiscal reckoning is at hand.
Anyone in or out of government, with but a rudimentary knowledge of finance, and familiar with the budgetary process in this State, know that this day had to come.
It was with full awareness of this that the Georgia House and the Georgia Senate, during the 1967 Sessions, passed resolutions calling for a thorough tax revision study to be made.
We are confronted with this situation now, and would be, regardless of who might be sitting in my chair or yours. At this hours and at this time, duty demands that we face the issue squarely and meet our re sponsibility.
So there may be no misunderstanding on the part of anyone-- legislator, official, newsman or taxpayer--I wish to emphasize in the strongest terms at my command that the issue is not the future of Lester Maddox or his Administration, but the future of Georgia and her people.
If our only concern were the second half of the Maddox term, then I would be delivering an entirely different message to you and to our fellow Georgians today.
And it most assuredly would not be one about raising taxes.
But what brought us to this hour of decision?
There are a number of reasons, some of which I will outline now:
Let us first consider inflation. Just as no household, no church, no Commerce Club, no business, no industry, no farm, no other state gov ernment, nor the Federal Government can escape the ravages of infla tion and the endless problems it produces, neither can your State Gov ernment.

TUESDAY, JANUARY 14, 1969

89

Just as you and others in the American economy must adjust to the problems of inflation, so must State Government make the necessary adjustments to assure fiscal soundness and meet its duty to the people.
Another reason for the position in which we find ourselves is that other people throughout this nation in business, industry and all levels of government are constantly receiving wage increases and, in order to be competitive and to keep and attract qualified and able employees to provide the services demanded by the people, Georgia must also be com petitive.
Then, too, we should consider that, according to a survey for the years 1965 and 1966, the citizens of 43 other states pay more state and local taxes per capita than do the citizens of Georgia.
Further, since 1965, 46 states have undergone tax structure changes resulting in increased revenues, but not Georgia. In addition, in the States of Florida and Alabama, the sales tax is four percent; in Missis sippi, Kentucky and Pennsylvania, it is five percent; and in 15 states, the sales tax percentage is higher than in Georgia, and less in only seven.
There are many other factors we could cite, but the last one of sig nificance, and perhaps of paramount importance, which I will now refer to, concerns the use of large amounts of surplus funds in annual ap propriations.
In the Appropriations Act of 1965, including supplements later added, the budget for fiscal year 1966 contained surplus funds in the amount of 11.4 percent, and 12.2 percent for fiscal year 1967. The use of surplus funds has averaged 9.3 percent in each of the annual appro priations for the past four years. These funds accumulated as a result of estimating anticipated revenue far below actual growth. But I am pleased, as I believe that you are, that we had surpluses, rather than deficits, for, because of them, we were able to activate, improve and expand programs that have contributed greatly to the pace-setting prog ress and leadership that we enjoy today.
However, it was this same practice of appropriating surplus funds to begin and expand existing programs which would entail recurring, and sometimes escalating costs in later years, which also contributed to our current dilemma.
Those in and out of State Government with a sound knowledge of finances and with even a nodding acquaintance with the State budgetary process, knew that day would come when it would be necessary to either replace these funds by a permanent means, or else drastically curtail, bring to a halt or, in some instances, even reverse our uptward trend of progress and prosperity, thereby jeopardizing many of the previous in vestments and progress already made.
I personally will have no truck with bringing progress to a halt in Georgia. Neither do I believe that you distinguished members of this General Assembly will act in such fashion.
If NO is to be said to progress in Georgia, it will have to be said by others--not by Lester Maddox.
The Maddox Administration could get by. It could keep our State Government and its programs functioning within present anticipated

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revenue--although at minimal levels. Some would call it a "standstil budget", but in believing that there is no such thing as standing still in education, in government and in business, I call it a "go backwards budget."
As one who prides himself upon being a fiscal conservative and a hard-headed businessman, it would be far more popular for Lester Maddox to oppose any new or revised taxes and instead to make loud speeches about "cutting the fat" out of the budget.
But that would only postpone the day of reckoning and create a crisis of hair-curling magnitude for my successor.
This situation which confronts us is not one of our choosing or our making. It was passed on to us; and duty demands that we face the issue. I, for one, hope that no other Administration and no other General As sembly will ever have to inherit a similar burden.
In the interest of preventing the recurrence of this situation, I will recommend, in my Budget Message to you, the enactment of measures to provide fiscal restraints and safeguards in future budget appropria tion matters that, in my judgment, should have been enacted years earlier.
One will deal directly with the use of surplus funds and the other with our working reserve. These measures, in my opinion, should be de layed no longer.
To fail to act would betray the best, long-range interests of our State.
It would be turning our backs on our children, our needy, our city and county governments, our property owners and our business com munity.
It would represent an abdication of our responsibility as elected servants of the people.
Worst of all--for me, at least--it would be self-serving.
And anyone who knows anything at all about Lester Maddox knows that he takes his stands on the basis of what he believes is right, and not what is popular.
Besides, it just so happens that I believe like Mark Twain that to do what is right is best because it pleases some people, and thoroughly astounds all the rest.
So, let everyone be on notice that opposition to tax revision solely on the basis of opposition to Lester Maddox is simply not justified. Op ponents will have to come up with a better reason than that.
With that at rest--hopefully for good--let us look at what really is at stake.
At stake is the fact that, under our present tax structure the local property tax in Georgia will have to be doubled over the next eight years.
At stake is the fact that, under our present tax structure, the prop erty tax rapidly is becoming a major impediment to the location of new

TUESDAY, JANUARY 14, 1969

91

and expanded business and industry in Georgia and is interfering in creasingly with the functions of the private free enterprise system.
At stake is the fact that, under our present tax structure, the poor and needy among our citizens--those whom we are trying to help pull themselves up by their own bootstraps--are being taxed twice as heavily percentagewise as are our affluent citizens.
At stake is the fact that, under our present tax structure, the State of Georgia cannot finance any new or expanded programs of services to the people, cannot provide adequate facilities for swelling public school and college enrollments and cannot staff and open the new mental health, penal and other institutions now under construction and planned.
At stake is the fact our present revenue structure will not sustain the present rate of progress in all fields of which we are all so proud, nor will it provide a sound revenue base upon which we can plan, build and grow to take our rightful place in the 21st Century, now only a little more than three decades away.
The facts are clear and indisputable.
The property tax in this state has reached a point of saturation, and the already overburdened property owner cannot be called upon to bear an even greater portion of the burden of supporting governmental pro grams in Georgia.
The regressive nature of our present uncoordinated sales and in come taxes is serving as a major deterrent to getting our disadvantaged citizens--those who cannot help themselves--out of poverty and into productive, tax-paying citizenship.
The spiraling local property tax is directly penalizing the establish ment, expansion and improvement of capital facilities by business and industry and threatens to halt and reverse the very encouraging eco nomic growth spurt we are now having and which is keeping our revenues under the present structure above maintenance level.
Every authority we have consulted has stated, without qualification, that it is imperative that Georgia act now to devise a tax system which will provide our cities and counties with substantial additional revenue and create a favorable business climate by achieving fiscal adequacy and tax equality.
On Thursday, I will come before you again with bold and imagina tive proposals which I have advocated for more than ten years, and which will herald a new day benefiting all Georgians.
I will then offer them to you for your consideration, believing that if implemented, they will generate more than two billion dollars in new and expanded industry beyond what we may gain otherwise during the

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next decade. They will raise per capita income by several hundred dol lars; they will help preserve and strengthen our local communities; and they will provide relief for the property owner who, otherwise, would continue to bear the brunt of the tax-load.
The discrimination of our present tax structure against the poor, the property owner, and local governments cannot be justified and, if long continued, likely will set counter forces into motion which will undo all the progress we have achieved in the last quarter century.
Ladies and gentlemen, I began these remarks on a note of faith and I come to my conclusion in the same vein.
The recommendations of your Governor can be summed up in that one word:
FAITH--faith in God, faith in our representative democracy and faith in ourselves and our capacity to solve our own problems.

Senator Coggin of the 35th moved that the Joint Session be now dissolved and the motion prevailed.

The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order.

The following oath of office was administered to Mr. Lewis of the 37th by Judge H. C. Eberhardt of the Court of Appeals of Georgia:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and meas ures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.

Mr. Busbee of the 61st moved that the House do now adjourn until 11:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned untill 11:00 o'clock, tomorrow morning.

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93

Representative Hall, Atlanta, Georgia Wednesday, January 15, 1969

The House met pursuant to adjournment at 11:0 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Dorris F. Norman, Pastor, First Baptist Church, Trion, Georgia:
Almighty and ever-living God, Who art beyond the grasp of our highest thought but within reach of our frailest trust: Come in the beauty of the morning and reveal Thyself to us.
Today we pray for our nation. We give thanks for its beauty by which our thoughts are elevated and our emotion deepened. We thank Thee for its busy cities and quiet towns, the ways of men, where labor and love find place.
We ask that You be with those into whose hands the government is entrusted. Keep their minds clear, their judgment keen, their hearts brave, and make their sense of justice unerring. And may they feel, up holding them in the right, the unflinching loyalty of farmer, artisan, and businessman, the people of every calling who lovingly call our country home.
Help us to do our part conscientiously in the world's great work, filling our place nobly in Thy all-wise Plan--a nation which places its trust in God.
Forgive us Lord, the many times that we have accepted these great privileges without accepting the corresponding duties.
Stir the citizens of our land to do justly, love mercy, and walk humbly with Thee. Establish peace and good will among the nations of the earth. In Thy Name we pray. Amen.

The roll was called and the following Representatives answered to their names:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock

Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell

Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner

94
Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder, F. P. Hood Horton

JOURNAL OF THE HOUSE,

Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd
Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Mr. Black of the 45th, 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.

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95

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 25. By Messrs. Bennett, Barfield and Reaves of the 71st and Bowen of the 47th: A Bill to be entitled an Act to amend Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to provide the size print for legal advertisements; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th: A Bill to be entitled an Act to amend Code Section 114-112, relating to the liability of principal, intermediate or sub-contractors, so as to provide the extent of liability of the principal, intermediate, and sub contractors; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 27. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, so as to increase said allowance; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 29. By Mrs. Merritt of the 46th and Mr. Parker of 46th:
A Bill to be entitled an Act to amend an Act creating a system of retire ment for employees of the City of Americus, so as to change the em ployer and employee contributions to said retirement system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 30. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
Referred to the Committee on Judiciary.

HB 31. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of applicants for renewal licenses at educational pro grams prior to the renewal of licenses to practice veterinary medicine; and for other purposes.
Referred to the Committee on Agriculture.

HB 32. By Mr. Scarborough of the 81st and Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holidays; and for other purposes.
Referred to the Committee on Industry.

HB 33. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to permit the recording on the deed records of master forms of security deeds or of covenants, conditions, powers and other provisions, for future incorporation in mortgages, etc.; and for other purposes.
Referred to the Committee on Special Judiciary.

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97

HB 34. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Habersham County, so as to provide for county-wide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 35. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the allotment of teachers to local units of administration; and for other purposes.
Referred to the Committee on Education.

HB 36. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act providing for a Charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and for other purposes.
Referred to the Committee on Local Affairs.

HB 37. By Mr. Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Association may become members of said Retirement System; and for other purposes.
Referred to the Committee on Education.

HR 17-37. By Mr. Mauldin of the 12th: A Resolution compensating Mr. John M. McCall; and for other purposes.
Referred to the Committee on Appropriations.

HR 18-37. By Mr. Mauldin of the 12th: A Resolution compensating Miss Linda Deanne Morris; and for other purposes.
Referred to the Committee on Appropriations.

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HR 19-37. By Mr. Mauldin of the 12th: A Resolution compensating Mr. Jimmy D. Bond; and for other purposes.
Referred to the Committee on Appropriations.

HR 20-37. By Mr. Smith of the 43rd:
A Resolution compensating Mr. William B. Johnson; and for other purposes.
Referred to the Committee on Appropriations.

HR 21-37. By Mr. Buck of the 84th:
A Resolution compensating the Donickal Corporation; and for other purposes.
Referred to the Committee on Appropriations.

HR 22-37. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Resolution compensating Mr. James W. Morgenthaler; and for other purposes.
Referred to the Committee on Appropriations.

HR 23-37. By Mr. Pickard of the 84th:
A Resolution compensating Steven Charles Crowder, a minor, and Mr. Charles Edward Crowder, individually, and as father, natural guardian and next friend of said minor; and for other purposes.
Referred to the Committee on Appropriations.

HR 24-37. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A Bill to he entitled an Act to provide an expense allowance for operation of the office of District Attorney of the Western Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 15, 1969
HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th, Hill of the 97th, Dean of the 19th and Floyd of the 7th: A Bill to be entitled an Act to amend an Act establishing the State Department of Air Transportation, so as to change the membership of the State Board of Transportation; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 40. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 41. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act placing the compensation of the Clerk of the Superior Court, the Ordinary and Coroner of Walton County on a salary basis in lieu of a fee basis, so as to change the compensation of said officers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 42. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Walton County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health De partment and Elected salaries officers", so as to provide that employees of the Muscogee County Hospital Authority and Muscogee County Air port Commission shall be eligible to join the Pension Fund; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 44. By Messrs. Farmer of the 16th and Hood of the 99th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age; and for other purposes.
Referred to the Committee on Education.

HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd, Lowrey of the 9th and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for certain inspections of fer tilizer; and for other purposes.
Referred to the Committee on Agriculture.

HR 33-45. By Mr. Adams of the 100th:
A Resolution compensating Mr. Paul E. Binns, Jr., and Mr. Leon Walker; and for other purposes.
Referred to the Committee on Appropriations.

HR 34-45. By Messrs. Matthews, Fallin and Bostick of the 63rd: A Resolution compensating Mr. C. F. Lewis; and for other purposes.
Referred to the Committee on Appropriations.

HB 46. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to provide that any party, defendant or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the appropriate person; and for other purposes.
Referred to the Committee on Judiciary.

HB 47. By Mr. Geisinger of the 72nd:

,...-.'"'*'i . ;*,

A Bill to be entitled an Act to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper authorities to release the criminal accused or defendant -on" a bond signed by any responsible resident of the county, etc.; and fop"6,ther purposes.

f : '. Referred t<} the Committee on Judiciary.

WEDNESDAY, JANUARY 15, 1969

101

HB 48. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to provide that a driver's license issued to any person who is under the age of 21 on the date such license is issued shall be marked or printed so that it is easily ascertainable that the licensee was under the age of 21 on the date the license was issued; and for other purposes.
Referred to the Committee on Motor Vehicles.

By unanimous consent, the following Bills of the House were read the second time:
HB 16. By Messrs. Caldwell of the 39th, Williams of the llth and Moate of the 28th:
A Bill to be entitled an Act relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; and for other purposes.

HB 17. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other pur poses.

HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to be entitled an Act to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.

HB 19. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act relating to gifts of securi ties to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.

HB 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of own ership provided by such policy, including the conversion privileges of such policy; and for other purposes.

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HB 21. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

HB 22. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

HB 23. By Mr. Parker of the 46th:
A Bill to be entitled an Act to require the owners of real property or persons having immediate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or otherwise stop the flow of any such well, except when in use, when certain conditions exist; and for other purposes.

HB 24. By Mr. Parker of the 46th:
A Bill to be entitled an Act to designate "perpetual care" and "no per petual care" cemeteries; to provide for trust funds for perpetual care cemeteries; to provide for a State Cemetery Board to administer this Act; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 12. Do Pass by Substitute.
Respectfully submitted, Matthews of the 63rd, Chairman.

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103

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the following Eesolution of the House, to-wit:

HR 14. By Messrs. Snow, Hale and Crowe of the 1st:
A Resolution extending congratulations on the birth of Shaw Walker Abney; and for other purposes.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 3. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing the dates on which laws shall become effective, so as to provide that said Act shall not apply to local legislation nor to resolutions intended to have the effect of law; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams
Alexander Anderson Atherton Ballard Barber Barfield Battle Bell
Bennett Berry Black Blalock Bohannon Bond

Bostick
Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck
Busbee Carnea Cato Chandler Clarke Cole

Collier
Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe
Dailey Daugherty Davis, E. T. Davis, W. Dent Dixon

104
Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb

JOURNAL OF THE HOUSE,

Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.

Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rowland Rush Russell Sale/n Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Burruss Caldwell Gates Cook Dean, J. E. Dean, N. DeLong

Dickinson Egan Hadaway Hood Johnson Jordan, G. Leonard

Matthews, C. Phillips, G. S. Rainey Smith, V. T. Snow Mr. Speaker

On the passage of the Bill, the ayes were 173, nays 0.

WEDNESDAY, JANUARY 15, 1969

105

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 3 was ordered immediately transmitted to the Senate.

Mr. Caldwell of the 39th stated that he had been called from the floor of the House when the roll was called on HB 3, but had he been present would have voted "aye".

HB 5. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved Feb. 15, 1952, as amended, so as to change the provision relating to the population of counties to which Section 8 does not apply; 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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck

Busbee Games Cato Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty
Davis, E, T. Davis, W. DeLong Dent Dixon Dodson Dorminy

Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger
Gignilliat Grahl Gunter Hadaway Hamilton Hargrett Harrington

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JOURNAL OF THE HOUSE,

Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Marcus

Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell
Melton Merritt Miles Milford Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard
Poole Potts

Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett
Shanahan Shepherd
Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Anderson Burruss Caldwell Gates Cole Cook Dean, J. E. Dean, N. Dickinson Graves

Hale Harris, J. F. Hood Johnson Jordan, G. Lane, W. J. Leonard Lowrey Miller Murphy

Parker, H. W. Phillips, G. S. Pinkston Rainey Snow Toles Wilson Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, JANUARY 15, 1969

107

Messrs. Parker of the 44th and Caldwell of the 39th stated that they had been called from the floor of the House when the roll was called on HB 5, but had they been present would have voted "aye".

HB 6. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.

The following amendment was read and adopted:
Mr. Harris of the 77th moves to amend HB 6 by inserting in the 3rd line of Section 1 after the words "right-of-way" the words "of record."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon
Brantley, H. H. Bray Brooks Brown, C. Buck Busbee Caldwell Games
Cato Chandler Clarke
Collier Collins, S.

Colwell Conger Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong
Dent Dixon Dodson Dorminy Edwards Egan Ellis Ezzard
Fallin Farmer Farrar
Felton Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hamilton Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L.
Hill, G. Horton Housley
Howell Hudson

108
Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. B. Mauldin Maxwell McClatchey McCracken McDaniell

JOURNAL OF THE HOUSE,
Melton Merritt Miles Milford Miller Moate Moore Mullinax Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rowland

Rush Russell
Salem Scarborough Scarlett Shanahan Shepherd
Sherman Simkins Sims Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander

Douglas

Evans

Those not voting were Messrs.:

Anderson
Bond Bo stick Bowen Brantley, H. L. Brown, B. D. Burruss
Gates Cole

Collins, M. Cook Daugherty Dickinson Hadaway Hargrett Holder Hood Jordan, G.

Knapp Leonard Murphy Nash Pickard Rainey Smith, J. R. Snow Mr. Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 3.

The Bill, having received the requisite constitutional majority, was passed, amended.

WEDNESDAY, JANUARY 15, 1969

109

Mr. Murphy of the 19th stated that he had been called from the floor of the House when the roll was called on HB 6, as amended, but had he been present would have voted "aye".

HB 2. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", as amended, so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and for complete post mortem examination and autopsy; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 9. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an admin istrator or executor under authority of a court of competent jurisdic tion or under power in a will; 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 Atherton Ballard Barber Battle Bell Bennett Berry

Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Cates

no
Cato Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves
Gunter
Hadaway
Hale
Hamilton
Hargrett
Harrington
Harris, J. F.

JOURNAL OF THE HOUSE,

Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate
Morris
Mullinax
Murphy

Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Scarborough Scarlett Shanahan Sherman Simkins Sims Smith, V. T. Sorrells Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Townsend
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

Those voting in the negative were Messrs. Moore and H. W. Parker.

WEDNESDAY, JANUARY 15, 1969

111

Those not voting were Messrs.:

Anderson Barfield Cole Daugherty Dickinson Holder

Hood Jones, Herb Jordan, G. Leonard Matthews, D. R. Nash

Salem Shepherd Smith, J. R. Snow Mr. Speaker.

On the passage of the Bill, the ayes were 174, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

The following communication was received and read:

HOUSE OF REPRESENTATIVES
Atlanta
January 13, 1969
Mr. Glenn W. Ellard, Clerk House of Representatives General Assembly of Georgia State Capitol Atlanta, Georgia
Dear Mr. Ellard:
This is to certify that Representative George D. Busbee of the 61st District was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Democratic Caucus held on the 8th day of November, 1968, at the State Capitol, Atlanta, Georgia.
This certification is submitted pursuant to Rule 209 of the Rules of the House of Representatives.
So certified this 13th day of January, 1969.
Respectfully, E. Roy Lambert, Chairman Democratic Caucus of the House of Representatives
ERL/da

112

JOURNAL OF THE HOUSE,

The following Resolution of the House was read and adopted:

HE 35. By Messrs. Paris of the 14th and Chandler of the 34th:
A RESOLUTION
Providing for the election of a member of the State Real Proper ties Control Commission; and for other purposes.
WHEREAS, Code Section 91-103A (a) provides that a member of the House of Representatives shall be elected biennially as a member of the State Real Properties Control Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an election of a member of the House of Representatives to the State Real Properties Control Commission shall be held by the House of Representatives on January 15, 1969.

Pursuant to the provisions of HR 35, Mr. Matthews of the 16th placed in nomination the name of Honorable Tom Murphy of the 19th, which nomination was seconded by Mr. Chandler of the 34th.

On the election, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H.
Brantley, H. L. Bray Brooks
Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates

Cato Chandler Clarke Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T.
Davis, W. Dean, J. E. Dean, N.
DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan

Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat
Grahl Graves Gunter
Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.

WEDNESDAY, JANUARY 15, 1969

113

Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole

Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shepherd
Sherman Simkins
Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Anderson Barfield Bennett Bond Cole Collier

Daugherty Dickinson Jones, M. Jordan, G. Leonard Murphy

Scarborough Shanahan Snow Thompson, R. Mr. Speaker

On the election, the ayes were 176, nays 0.

Mr. Murphy of the 19th was declared duly elected as a member of the State Real Properties Control Commission.
Mr. Busbee of the 61st moved that the House do now adjourn until 10:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.

114

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 16, 1969

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Robert P. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
". . . . but all things should be done decently and in order." I Corinthians 14:40.
We thank Thee our Father, God, for this holy moment afforded us to bow our heads and unite our hearts in prayer. In this sacred moment, we seek Thy divine guidance in the administrative affairs of our State.
Eternal God, we pray for the welfare of these men who have undertaken the responsibility of leadership in our state government. Grant, we pray thee, that none of these men would lean upon their own knowledge and understanding. We pray that they would seek Thy knowledge and wisdom as they vote upon issues that will affect every person in the State.
Lord Jesus, we thank Thee for our State, our churches, our homes, and our schools. We are especially grateful for each member of our State Legislature. These men have dedicated themselves to the mo mentous responsibility of preserving each of these institutions.
O God, we pray that the hour will never come when we would allow pride, selfishness or temptation for personal gain to weaken us and cause us to lose the precious heritages we have received from our forefathers.
0 Lord, we know that Thou art constantly aware of the economic needs of our State. As the budget is presented by our Governor, as it will be discussed, we would pray our Father, God, that Thou wouldst deliver us from the errors of anxiety and bitterness so that we may think clearly and constructively on our State needs.
We pray that when this session is finished that each of us would have so conducted ourself that Thou wouldst say "Well done thou good and faithful servant; Thou hast been faithful over a few things; I will make thee ruler over many things: enter now into the joy of the Lord." Matt. 25:21.
Now, Eternal God, concerning our Governor, our LieutenantGovernor, the Speaker of the House and every member of the Senate

THURSDAY, JANUARY 16, 1969

115

and the House and all others who would seek thy grace, we ask Thy blessings upon them.

We ask it in the name of Christ. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 49. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the Ombudsman Chapter; and for other purposes.
Referred to the Committee on Local Affairs.

116

JOURNAL OF THE HOUSE,

HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th:
A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 51. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act regulating the employ ment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circum stances; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 52. By Messrs. Harris, Levitas, Farrar and Thomason of the 77th, Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining whether the county manager form of county government is desired by the people of such county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 53. By Messrs. Brantley of the 114th and Harris of the 77th:
A Bill to be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that, with certain exceptions, any person covered by such policy or contract shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist; and for other purposes.
Referred to the Committee on Insurance.

HB 54. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 55. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act changing the manner and method of choosing members of the Board of Education of Walton

THURSDAY, JANUARY 16, 1969

117

County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.
Referred to the Committee on Local Affairs.

HB 56. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating the City Court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 57. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Habersham County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 58. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend Code Section 56-2430.1, relating to cancellation of automobile insurance policies, so as to provide that the named insured shall be notified by registered or certified letter that he has 10 days to pay premium before cancellation; and for other purposes.
Referred to the Committee on Insurance.

HB 59. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to create a new department of the State government to be known as the "Department of Community Affairs"; and for other purposes.
Referred to the Committee on Industry.

HB 60. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, Lane of the 101st and Buck of the 84th:
A Bill to be entitled an Act to amend Code Chapter 26-21, relating to the distribution of obscene materials, so as to prohibit the sale and distribution of certain harmful materials to minors; and for other purposes.
Referred to the Committee on Judiciary.

118

JOURNAL OF THE HOUSE,

HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, Lane of the 101st and Buck of the 84th:
A Bill to be entitled an Act to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.
Referred to the Committee on Judiciary.

HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th, Messrs. Winkles of the 96th, Games of the 104th and Smith of the 3rd:
A Bill to be entitled an Act to provide for the registration and regula tion of cemeteries; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 63. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act amending the Code of Georgia of 1933, by striking in its entirety Title 22 relating to corpora tions, and inserting in lieu thereof a new Title 22, so as to change a certain provision relating to the publication of notice of incorporation; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 64. By Messrs. Carnes of the 104th and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for an additional exemption from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 65. By Messrs. Parker, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to grant a new charter to the Town of Newington in Screven County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 66. By Mr. Farmer of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for exemptions from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

THURSDAY, JANUARY 16, 1969

119

HB 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 68. By Messrs. Clarke of the 33rd, Dodson of the 82nd, Buck of the 84th, Sherman and DeLong of the 80th, Maxwell of the 78th and Whaley of the 93rd:
A Bill to be entitled an Act to provide that it shall be unlawful to sell visual or vocal representations depicting nudity, sexual conduct or sado masochistic abuse of the human body; and for other purposes.
Referred to the Committee on Judiciary.

HR 36-68. By Mr. Townsend of the 115th:
A Resolution voting impeachment charges against John B. Stanley; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 37-68. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th:
A Resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.
Referred to the Committee on Highways.

HR 38-68. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution, so as to add five members to the State Board of Education; and for other purposes.
Referred to the Committee on Education.

HR 39-68. By Messrs. Edwards and Black of the 45th, Dailey of the 53rd, Bray of the 31st, Phillips of the 38th, Knowles of the 22nd, Roach of the 10th, Sorrells of the 24th, Ballard of the 23rd, Parker of the 46th and others:
A Resolution designating the Bobwhite Quail as the official Georgia State Bird; and for other purposes.
Referred to the Committee on Industry.

120

JOURNAL OF THE HOUSE,

HB 69. By Messrs. Felton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st, Games of the 104th, Murphy of the 19th, Paris of the 14th and Jones of the 69th:
A Bill to be entitled an Act to provide that a driver or operator of a motor vehicle or airplane shall owe to a guest passenger thereof the duty to exercise ordinary care; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 70. By Messrs. Egan of the 116th, Jones of the 59th, Dodson of the 82nd, Gary of the 21st, Carnes of the 104th, Gaynor of the 88th, Lambert of the 25th, Townsend of the 115th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a general retail sales tax; and for other purposes.
Referred to the Committee on Ways and Means.
HB 71. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Code Section 40-806, relating to the compilation of the Official and Statistical Register of the State, so as to provide that said register shall be compiled every four years; and for other purposes.
Referred to the Committee on Industry.
HR 40-71. By Mr. Moore of the 6th:
A Resolution compensating Mrs. Fred Rider; and for other purposes.
Referred to the Committee on Appropriations.

HB 72. By Messrs. Murphy of the 19th, Gaynor of the 88th, Odom of the 61st, Brown of the 32nd, Harris of the 67th and Dodson of the 82nd:
A Bill to be entitled an Act to amend Code Section 13-2027 relating to the maintenance of reserves by banks, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and certificates of de posit; and for other purposes.
Referred to the Committee on Banks and Banking.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:

THURSDAY, JANUARY 16, 1969

121

HB 25. By Messrs. Bennett, Barfield and Reaves of the 71st and Bowen of the 47th:
A Bill to be entitled an Act to amend Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to provide the size print for legal advertisements; and for other purposes.

HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th:
A Bill to be entitled an Act to amend Code Section 114-112, relating to the liability of principal, intermediate, or sub-contractors, so as to provide the extent of liability of the principal, intermediate, and sub contractors; and for other purposes.

HB 27. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.

HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, so as to increase said allowance; and for other purposes.

HB 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the employer and employee contributions to said retirement system; and for other purposes.

HB 30. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.

HB 31. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of applicants for renewal licenses at educational pro grams prior to the renewal of licenses to practice veterinary medicine; and for other purposes.

122

JOURNAL OF THE HOUSE,

HB 32. By Mr. Scarborough of the 81st and Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holidays; and for other purposes.

HB 33. My Mr. Scarborough of the 81st:
A Bill to be entitled an Act to permit the recording on the deed records of master forms of security deeds or of covenants, conditions, powers and other provisions, for future incorporation in mortgages, etc.; and for other purposes.

HB 34. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Habersham County, so as to provide for countywide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes.

HB 35. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the allotment of teachers to local units of administration; and for other purposes.

HB 36. By Mr. Collier of the 54th:
A Bill to be entitled on Act to amend an Act providing for a Charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current ex penses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and other purposes.

HB 37. By Mr. Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Association may become members of said Retirement System; and for other purposes.

HR 17-37. By Mr. Mauldin of the 12th: A Resolution compensating Mr. John M. McCall; and for other purposes.

THURSDAY, JANUARY 16, 1969

123

HR 18-37. By Mr. Mauldin of the 12th:
A Resolution compensating Miss Linda Deanne Morris; and for other purposes.

HR 19-37. By Mr. Mauldin of the 12th: A Resolution compensating Mr. Jimmy D. Bond; and for other purposes.

HR 20-37. By Mr. Smith of the 43rd: A Resolution compensating Mr. William B. Johnson; and for other purposes.
HR 21-37. By Mr. Buck of the 84th: A Resolution compensating the Donickal Corporation; and for other purposes.
HR 22-37. By Messrs. Bennett, Barfield and Reaves of the 71st: A Resolution compensating Mr. James W. Morgenthaler; and for other purposes.

HR 23-37. By Mr. Pickard of the 84th:
A Resolution compensating Steven Charles Crowder, a minor, and Mr. Charles Edward Crowder, individually, and as father, natural guardian and next friend of said minor; and for other purposes.

HR 24-37. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes.

HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A Bill to be entitled an Act to provide an expense allowance for opera tion of the office of District Attorney of the Western Judicial Circuit; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th, Hill of the 97th, Dean of the 19th and Floyd of the 7th:
A Bill to be entitled an Act to amend an Act establishing the State Department of Air Transportation, so as to change the membership of the State Board of Transportation; and for other purposes.

HB 40. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.

HB 41. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act placing the compensation of the Clerk of the Superior Court, the Ordinary and Coroner of Walton County on a salary basis in lieu of a fee basis, so as to change the compensation of said officers; and for other purposes.
HB 42. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Walton County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and Elected salaried officers", so as to provide that employees of the Muscogee County Hospital Authority and Muscogee County Airport Commission shall be eligible to join the Pension Fund; and for other purposes.
HB 44. By Messrs. Farmer of the 16th and Hood of the 99th: A Bill to be entitled an Act to amend an Act providing for compuslory school attendance, so as to change the compuslory school attendance age; and for other purposes.
HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd, Lowrey of the 9th and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for certain inspections of fertilizer; and for other purposes.

THURSDAY, JANUARY 16, 1969

125

HR 33-45. By Mr. Adams of the 100th:
A Resolution compensating Mr. Paul E. Binns, Jr., and Mr. Leon Walker; and for other purposes.

HR 34-45. By Messrs. Matthews, Fallin and Bostick of the 63rd: A Resolution compensating Mr. C. F. Lewis; and for other purposes.

HB 46. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to provide that any party, defendent or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the appropriate person; and for other purposes.

HB 47. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper authorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc.; and for other purposes.
HB 48. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to provide that a driver's license issued to any person who is under the age of 21 on the date such license is issued shall be marked or printed so that it is easily ascertainable that the licensee was under the age of 21 on the date the license was issued; and for other purposes.
Mr. Murphy of the 19th, Chairman of the Committee on Banks and Bank ing, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 14. Do Pass.
Respectfully submitted, Murphy of the 19th, Chairman.

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Mr. Ware of 30th, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 39. Do Pass.
Respectfully submitted, Gignilliat of the 89th, Secretary.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 10. Do Pass. HB 27. Do Pass. HB 36. Do Pass. HB 38. Do Pass. HB 40. Do Pass. HB 41. Do Pass. HB 42. Do Pass. HB 43. Do Pass.
Respectfully submitted, Clarke of the 33rd, Chairman.

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Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 28. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.
Mr. Chandler of the 34th, Chairman of the Committee on Institution & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institution & Property 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 24-37. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has adopted the following Resolution of the House, to-wit:

HR 27. By Messrs. Smith of the 43rd, Matthews and Farmer of the 16th, Melton of the 32nd, Busbee of the 61st and others:
A Resolution calling a joint session of the House of Representatives and

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the Senate for the purpose of hearing an address by Dr. Fred C. Davison, President of the University of Georgia; and for other pur poses.

The following communication was received an read:

HOUSE OF REPRESENTATIVES Atlanta
January 13, 1969
The Honorable George L. Smith, II Speaker of the Assembly of the House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
This is to certify that Representative George D. Busbee of the 61st District was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Democratic Caucus held on the 8th day of November, 1968, at the State Capitol, Atlanta, Georgia.
This certification is submitted pursuant to Rule 209 of the Rules of the House of Representatives.
So certified this 13th day of January, 1969.
Respectfully, E. Roy Lambert, Chairman Democratic Caucus of the House of Representatives
ERL/da

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:

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SB 2. By Senators Abney of the 53rd and Pincher of the 54th:
A Bill to amend an Act creating the Lookout Judicial Circuit approved January 26, 1950, as amended, so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; and for other purposes.

By unanimous consent, the following Bill of the Senate was introduced, read the first time and referred to the Committee on Local Affairs:

SB 2. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; and for other purposes.

Mr. Smith of the 3rd asked unanimous consent that the following Bill of the House be recommitted to the Committee on Hygiene and Sanitation for further study:
HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.
The consent was granted, and HB 1 was recommitted.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide and empower the City of Albany, Georgia to furnish aid and relief and to grant pensions to all employees of said City; and for other purposes,", so as to increase the amount which the City of Albany may levy; and for other purposes.

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The report of the Committee, which was favorahle to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HE 41. By Messrs. Smith of the 43rd, Floyd of the 7th, Snow of the 1st, Gates of the 95th, Fallin of the 63rd and others:
A RESOLUTION
Wishing a speedy recovery for Honorable Kent Dickinson; and for other purposes.
WHEREAS, Honorable Kent Dickinson, Representative from the 118th District, is absent from the deliberations of this body due to his confinement in the hospital where he is suffering from pneumonia; and
WHEREAS, he is an outstanding member of the House of Repre sentatives and is one of the most valuable members thereof; and
WHEREAS, his counsel and advice in the consideration of the measures which come before this body are sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all the members of this body hereby extend their most heartfelt wishes to Honorable Kent Dickinson for a speedy recovery and his return to the deliberations of this body.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Kent Dickinson.
HR 42. By Messrs. Smith of the 43rd, Matthews of the 63rd, Rowland of the 42nd, Black of the 45th, Reaves of the 71st and others:

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A RESOLUTION

Congratulating Honorable William Marcus "Bill" Williams on the occasion of his 59th Birthday; and for other purposes.

WHEREAS, our distinguished colleague from Hall County, Hon orable William Marcus "Bill" Williams is celebrating his 59th Birthday on this date, January 16, 1969; and

WHEREAS, he is one of the most respected and able members of this body, having served as a member thereof for over twelve years; and

WHEREAS, as Chairman of the Motor Vehicle Committee, he has demonstrated outstanding leadership ability in considering major legis lation coming before him; and

WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential mem bers of the Appropriations Committee and the Rules Committee; and

WHEREAS, his remarkable ability is accompanied by a warm personality and friendly manner which makes him not only a highly respected member of this body but also one of its most popular mem bers.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend their heartiest congratulations to Honorable William Marcus "Bill" Williams on the occasion of his 59th Birthday.

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 William Marcus "Bill"
Williams.

HR 43. By Messrs, Potts of the 30th, Blaloek of the 30th, Mullinax of the 30th, and Ware of the 30th:

A RESOLUTION
Commending Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson, both of Newnan, Georgia, for their heroic action in Vietnam and for being awarded the Congressional Medal of Honor; and for other purposes.
WHEREAS, of the seventy Congressional Medals of Honor which have been awarded since the award was created, one has been awarded to each of two outstanding citizens of Newnan, Georgia; and

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WHEREAS, Major Stephen W. Pless, U.S.M.C., and Lieutenant Colonel Joe M. Jackson, U.S.A.F., both of Newnan, are the first Geor gians to receive the Congressional Medal of Honor for heroic action in the Vietnam war; and

WHEREAS, this Body wishes to add its sincere thanks to Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson for their most honorable and courageous conduct in the face of a vicious and unmerciful enemy, and for bringing honor to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby extends its heartiest congratulations and sincerest thanks for the marvelous feats above and beyond the call of duty which were performed by Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson, and to Dr. Nathaniel Glover, Mayor of Newnan.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th, Edwards and Black of the 45th and others:
A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System of Georgia, as amended, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts certain federal employment shall be entitled to continue his membership in the Employees Retirement System; and for other purposes.

The following Committee substitute was read:

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, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts office as an under secretary, assistant secretary, secretary or cabinet level official of a department of the United States Government shall be entitled to continue his membership in the Retirement System, and retain all his rights thereunder, provided he shall pay to the Board of Trustees, according to rules and regulations established by said Board, all em ployer and employee contributions based upon his compensation as a

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State official at the time of separation or at such other rate as may subsequently be provided by law with respect to such State office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is here by amended by adding to Section 3 thereof a new paragraph to read as follows :

"Any provisions of law to the contrary notwithstanding, any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts office as an undersecretary, assistant secretary, secretary or cabinet level official of a department of the United States Government shall be entitled to continue his membership in the Retirement System, and retain all his rights thereunder, provided he shall pay to the Board of Trustees, according to rules and regulations established by said Board, all employer and employee contributions based upon his compensation as a State official at the time of separation or at such other rate as may subsequently be provided by law with respect to such State office, so that such contributions and compensation shall be the same as he would have paid and received if he had retained his State office."

SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

SECTION 3
This Act shall become effective upon its approval by the Gov ernor or upon its becoming law without his approval.

An amendment, offered by Mr. Levitas of the 77th, was read and 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.

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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 Atherton Barber Battle Bell Black Blalock Bohannon Bostick Bowen. Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Caldwell Gates Cato Chandler Clarke Collins, M. Collins, S. Conger Connell Cook Dailey Davis, E. T. Dodson Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H.

Floyd, L. R. Funk Gary Geisinger Gunter Hadaway Hale Hargrett Harrison Hawes Henderson Higginbotham Hill, G. Holder Hudson Hutchinson Joiner Jones, C. M. Jones, M. Keen Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Milford Moate

Moore Mullinax Murphy Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Reaves Rowland Rush Salem Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Snow Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Alexander Anderson Bennett Berry Brantley, H. H. Brown, B. D. Games Cole

Collier Colwell Davis, W. Dent Dixon Dorminy Douglas Ezzard

Gaynor Grahl Graves Harrington Hill, B. L. Housley Jones, Herb
Jordan, G.

Jordan, H. S. Leonard Levitas
Longino Marcus McClatchey Morris

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135

Potts Roach Scarborough
Smith, V. T. Sorrells Sweat Thomason

Thompson, A. W. Toles Townsend
Whaley Winkles Wilson

Those not voting were Messrs:

Ballard Barfield Bond Brooks Conner
Cooper Crowe
Daugherty
Dean, J. L. Dean, N. DeLong
Dickinson Edwards

Gignilliat Hamilton Harris, J. F. Harris, J. R. Harris, R. W.
Hood Horton
Howell
Johnson Keyton Lambert
Lee, W. S. Lewis

Mason Miles Miller Nash Odom
Pafford Pickard
Rainey
Ross Russell Shanahan
Thompson, R. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 110, nays 44.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Messrs. Lambert of the 25th and Howell of the 60th stated that they had been called from the floor of the House when the roll was called on HB 12, by substitute, but had they been present would have voted "aye".

Messrs. Lee and Odom of the 61st stated that they had been called from the floor of the House when the roll was called on HB 12, by substitute, but had they been present would have voted "nay".

Mr. Dickinson of the 118th, who was on leave of absence because of illness, requested that the Journal show that had he been present he would have voted "nay" on HB 12.

The Speaker announced the House in recess until 11:20.

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The Speaker called the House to order.

The hour of convening the Joint Session under the provisions of HR 7 having arrived, the Senate appeared upon the floor of the House.

The Joint Session was called to order by the President of the Senate.

HR 7, calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor, was read.

Accompanied by the Committee of Escort and other distinguished guests, Governor Maddox appeared upon the floor of the House.

Lieutenant Governor George T. Smith presented Governor Lester G. Maddox, who delivered the following address:

LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
Earlier this week, I was privileged to report to you on the pro gress and prosperity of the great State of Georgia.
I consider it a privilege and an honor to come before this august body today to talk to you not about what we have done, but what we must do, if the citizens of Georgia are to continue to enjoy the prog ress achieved in the past two decades.
During these years Georgia has been a State on the go. The past two years have been especially progressive and prosperous.
From time to time, the General Assembly has found it necessary to make minor adjustments in our tax structure to sustain Georgia's development and to promote the general welfare of our people.
However, Georgia's approach to her finances has been, in most instances, piecemeal and haphazard. This has resulted in a total system which is currently both inadequate and inequitable. Not only does the system fail to provide for our needs, but it also abounds with regressive features.
It has been clear for some time that our State needed to take another hard look at its financial structure and determine what should

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be done to continue Georgia's progress and attain fiscal stability in the operation of State Government.

Through the foresight of the General Assembly, and with the cooperation of this Administration, a Tax Revision Study Commission was authorized, and the results of its hearings and work have been made available to the Governor and the General Assembly.

Although several proposals were submitted, the one which I endorse, and the one upon which my budget and tax revision proposals are based, is the one prepared at the direction of the Executive Committee of the Tax Revision Study Commission.

I endorse this report because it lays particular emphasis on relieving the regressive characteristics and discriminatory aspects of our present tax structure.

It proposes fair and adequate means to close a state and local revenue gap which could total some 841 million dollars by 1976.

It provides solutions to many problems which seriously impede the future industrial, economic and cultural growth of this State.

Acting on these recommendations, I have come today to lay before you what, in my considered judgment, is a "GROWTH AND PROGRESS BUDGET" for fiscal 1970 and 1971, and my recommenda tions for revenue measures to finance it.

After considering available and anticipated revenues, I spent hours, days and weeks in determining the minimum requirements for insuring the continued growth and progress of our State.

These weeks of consultation and deliberation resulted in my recom mending to you today a budget which cuts 160 million dollars from the agency requests for fiscal 1970, and 203 million dollars from the agency requests for fiscal 1971.

I removed some items without hesitation; others were cut out reluctantly. But, to continue the sound fiscal policy of this Administra tion, I had to make my decisions not on the basis of wishes, but of minimum needs. The minimum needs of Georgia will require appropria tions totaling $1,115,575,797.74 in fiscal 1970 and $1,161,935,638.87 in fiscal 1971.
In determining these needs, I considered the interests of all Geor gians. As Governor of this great State I could do no less.
I considered not only the needs of today, but of tomorrow.
I considered not what was politically expedient, but what was right.

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I based my decisions upon a firm belief that the future would be brighter for every Georgia family if we started doing now what we should have been doing a decade ago and that, if we fail in providing these needs, the future will be dimmer for millions of our fellow citizens.

You have the budget document on your desk. I shall not attempt to go into exhaustive detail, but I will, instead, highlight the many advancements and improvements that adoption of this budget would accomplish.

EDUCATION
I know that you are as proud as I of the results of the crash programs we have undertaken at all levels of education. We are receiv ing national attention and acclaim for our tremendous accomplish ments.
Had it not been for our breakthrough in education, the economic and industrial revolution that we now enjoy would never have been.
I believe you will agree with me that we must continue to do our best for the education of our youth--Georgia's most precious resource-- if we are to do our best for Georgia.
The Department of Education requested an increase of 87 million dollars for operations for fiscal year 1970, but my recommendation is for 58 million dollars--a 29 million dollar cut. Much that I favor and believe to be needed had to be eliminated and, in my opinion, any further reduction would be harmful to education.
Five million dollars of the recommended increase will go for one of the greatest needs in education today: that of reducing the pupil-teacher ratio.
A cost of living increase of 3.5 percent is scheduled for teachers. Anything less could well jeopardize our present excellent teacher posi tion.
In the November General Election, the people overwhelmingly approved a Constitutional Amendment giving us a mandate to make funds available for the school lunch program. In keeping with this, I am proposing that funds be appropriated to insure that wholesome lunches for Georgia's children continue to be served at prices within the reach of all.
Funds are included for beginning a limited 12-month school pro gram. This program, if fully implemented, would eliminate the waste that results from closing a billion dollar school plant for three months each year. Such a waste of valuable facilities could never be tolerated by private industry, and neither can it continue to be tolerated by the taxpaying citizens of Georgia.

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I would like to emphasize that this program envisions a 12-month school year for schools, and not necessarily for students and teachers.
It is not intended to deprive a student or a teacher of his annual vacation. Instead, the vacation periods would be staggered on a voluntary basis to allow different teachers and students to take their vacations at different times.

This would benefit industry by allowing more students to find vacation employment, since one group of students returning to the school could be replaced in industry or business by another group just beginning their vacation. This program should help some students to earn funds needed to continue their education and, at the same time, it has been recommended as a partial solution to the problem of juvenile delinquency.

UNIVERSITY SYSTEM
The Board of Regents requested an increase of 32 million dollars for fiscal year 1970 and, in my recommendations, I have cut this amount to 20 million dollars.
I am convinced that the expansions, improvements and new colleges added to our University System in recent years to accommodate the ever-increasing number of Georgia youth attending college, are largely responsible for the vast industrial growth in our State and for the peace and tranquility that has been maintained on our campuses.
The increase in funds for higher education will provide a 3.5 percent increase for academic personnel. For non-academic personnel, the generally lower salary ranges require an 8.5 percent increase to be of any real significance.
Other funds for the Board of Regents will provide authority lease rentals to construct new facilities totaling 42 million dollars in fiscal year 1970, and 12% million dollars in 1971. These are absolutely essential if we are to meet regular enrollments expected to increase from the present 76 thousand to more than 90 thousand by 1970, and to a projected figure of 120 thousand by 1975.

FAMILY AND CHILDREN SERVICES
The Department of Family and Children Services has requested an increase of more than 20 million dollars. I am recommending that half that amount, ten million dollars, be appropriated.
Most of the recommended increases will go for roll growth, man datory salary increases for county welfare workers, to initiate a work incentive program to get welfare mothers and their teenage children off welfare rolls and onto payrolls, a cost-of-living increase in grants to the aged, blind, disabled and dependent, the opening of a new 140-bed youth development center for delinquent girls at Macon, and building a new regional detention center for West Central Georgia.

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These funds will permit our efforts to be directed toward getting as many people as possible off welfare rolls and toward reversing the welfare cycle.

COUNTIES AND CITIES
Now, I want to talk to you about something I have advocated and supported publicly for more than ten years--a program that will increase financial assistance to county and city governments.
Had it been implemented shortly after World War II--or even in the fifties--Georgia's struggling local communities would not now be almost desperate, and several billion dollars we missed in industrial investments would be ours. Not only that, but per capita income in Georgia would be several hundred dollars higher, and higher incomes from new jobs and improved opportunities would have generated ad ditional revenue that could have advanced services of government far beyond our present-day levels. Moreover, the overburdened property owner's share of the cost of operating government would be less, county and city governments would have been given new life, and crime, slum and ghetto problems would never have reached their present proportions.
I am recommending that you allocate an amount equal to onehalf of one cent of the State sales tax to counties and to county and independent school systems, and one-half cent to cities. I propose that the funds be returned to counties and cities on a per capita basis, and to schools on the basis of average daily attendance.
This will be no more than implementing, on the State level, the present philosophy of government of helping those who need help. We have done this for other people and their governments across the world. It is not sound fiscal policy, and we will not be putting first things first, if we continue to fail to meet the needs of our own State and our own people.
The argument that we should not collect such funds and return them to counties, cities and county and independent school systems doesn't hold water, and long ago lost whatever validity it doubtfully ever contained.
Some say that the State cannot assume the liability of maintaining county and city governments.
If we carried this argument to its logical conclusion, then the citizens of the counties and cities could also say that they cannot assume the liability of maintaining State Government. Where would we be if this should happen?
We must never forget that Georgia is a State comprised of coun ties and cities and that we derive all that makes Georgia successful and prosperous from the taxpayers of these local governmental units.

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I returning to the people and their local governments on a per capita basis part of the money that we have collected from them, we are only giving back to the citizens of these counties and cities what is already theirs.

With this added financial assistance, they will grow stronger and better able to support State Government. That kind of "liability" we, at the State level, can well afford. I submit to you that the very survival of a great and free State Government depends upon strength ening and preserving local governments--thus we can no longer afford to do less than I am proposing to you.

During fiscal year 1968, we collected and returned to counties, cities, and county and independent school systems some 355 million dollars with some 303 million of this amount going to counties and their schools.

It is my opinion that these funds will be over 400 million dollars for fiscal year 1969 and the increase of approximately 70 million dollars that I ask you to return to counties, cities and county and in dependent school systems is about a 17 percent increase over present funds now being returned. Percentage-wise, this is far less than many increases previous General Assemblies have approved for many State agencies and is much less than is being requested by some at this time.

I am convinced, and have been for many years, that this program for county and city governments and school system that ask you to im plement will be the greatest breakthrough for progress in Georgia and for her people since enactment of the Sales Tax Law in 1951.
It will help our counties and cities to provide adequate salaries for policemen, firemen and other essential personnel; to give adequate support to schools; to provide water and sewerage systems and other services needed to encourage expansion of existing industry and to attract new investments; and it will help cities cope with the problems of slums, ghettos, transportation and the ever-expanding needs for other services.

LOCAL OPTION
A local option sales tax would not be acceptable to me and, in my judgment, it would be regressive and unfair to most Georgians.
Such a tax plan would benefit only the citizens and property own ers in the areas where it gained adoption--and do so at the expense of millions of other Georgians in cities and counties which found adoption of the tax impossible. Local governments unable to adopt a local option sales tax would have to get additional necessary funds from ad valorem taxes and, in these areas, property taxes would more than double in the next decade.
Obviously, a Statewide plan would best serve the interests of all Georgians.

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And I believe that if we fail to take a bold and imaginative step now, to channel one billion dollars, over the next eight or nine years, into a program to assure progress and prosperity for all Georgians, we will doom ourselves later to pay, instead, many more billions to support ghettos and slums through increased costs of law enforcement, courts, prisons and welfare payments.

I am convinced that if we do not begin now to provide preventive measures, more billions of dollars than ever dreamed of will eventually be required for welfare programs, institutions for the lawless, and care for the poor and sick.

Ladies and gentlemen, we cannot afford the terrifying price in dollars and human misery that would be extracted from us through a failure to act and act now.

To help insure progress, prosperity and a better way of life for all of our people, to encourage home ownership, to give relief to the property owners, and to provide the long overdue financial assistance to county and city governments and their school systems, I ask for your support of this program that I have outline in brief.

PENAL SYSTEM
A matter of major concern to me, and one which I believe to be of equal concern to you and most Georgians, is Georgia's prison system.
With a few remarkable exceptions, our prison system has remained back in the 30's while the rest of our State has moved up to 1969.
The citizen who has traveled down the wrong road has had little representation at the budget table.
Until this moment, in all the history of our State, we have not had a Governor or a General Assembly to demand penal reform and then back up that demand with action.
I have taken my stand in support of total penal reform and I have confidence you will do the same. Acting where others feared to tread will enable you to save lives, to keep families together and prevent much human misery, and to prevent the loss of hundreds of millions of dollars in wages, taxes and other material values for which our present system is indirectly responsible.
We cannot help every law violator--some of them won't let us; but, in obedience to God, and out of love for our fellowmen, we no longer can turn our backs on those that we can help.
I am asking you for funds to staff Phases One and Two of the Butts County Institution; for a 500-cell maximum security facility at Reidsville to segregate the dangerous criminals from the inmates capa ble of rehabilitation; for a Work and Pre-Release Center near Atlanta

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and for funds to staff the three regional prison branches already approved and to construct six additional such facilities.

Facilities just completed, under construction, or soon to be let for construction--added to our request in this budget--will add 3,350 new spaces to our present capacity and these, with our total renova tions throughout the system, will give Georgia one of the finest penal operations in the world.

We will expand our academic, vocational-technical, medical, food service, and the visitation and rehabilitation programs; we will also seek out and employ competent and professional help to finally make penal reform a reality in Georgia.

I am asking--yes, pleading with you to get the job done. I want both present and future generations to say, "It was the 1969 Georgia General Assembly that had the courage to do it!"

HIGHWAYS

To help save lives and to provide the accelerated highway construc tion and maintenance demanded by our growing motoring public, I am asking that you increase the tax on gasoline by one and one-half cents per gallon.

In adjoining states, the tax on gasoline is already seven cents per gallon and is headed higher. It is eight cents per gallon in Louisiana and it is reportedly scheduled to be raised to ten cents.

Eight cents in Georgia will not be excessive or out of line, and the need is urgent. We must have the additional revenue to match larger and increased federal grants.

We will be able, through this proposed revenue increase, to fourlane many sections of existing two-lane roads and to add a bonding program that will improve and four-lane many city streets.

Failure to grant this essential increase will force us to reduce highway maintenance by as much as 15 million dollars, and that would cost us many millions in resulting highway deterioration from which we never would recover.

I seek you full support of this request for highways.

PUBLIC HEALTH

Georgia's mental health program, now on the way to becoming one of the finest in the world, must be completed.

The Atlanta Regional Hospital is now open. The Augusta Hospital and the DeKalb Retardation Center will open this spring. And the Savannah Hospital will be ready for patients in early 1970.

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We plan to begin construction of the Columbus Hospital this year and the multi-purpose Battey Mental Health Hospital in Rome next year. But no new hospitals can be built, and those already constructed, or under construction, cannot be adequately staffed without additional revenue provided by tax revision.

In the budget before you, you will also not that I have requested funds to renovate the foul-smelling, improperly heated and cooled buildings at Central State Hospital where we were appalled and sickened by the conditions we found on our visits there.

PUBLIC SAFETY
Our percentage of out-of-state visitors traveling by motor vehicle is far greater than that of any neighboring state except Florida.
Our highway fatality rate has increased from a shocking 1,621 killed in 1967 to the terrifying 1,749 slaughtered in 1968.
Ours is the largest State east of the Mississippi River and it has more than 97 thousand miles of roads to patrol. Yet, the Georgia Highway Patrol is seriously understaffed when compared to our sister states.
With only 600 uniformed troopers--officers who are also called upon to preserve the peace and perform other duties--it is difficult to have more than 325 men patroling the highways during any twentyfour hour period.
Therefore, I am asking that you increase the patrol by 100 uni formed men in each of the two fiscal years. Even this will add an average of only one and one-fourth men to each county, which still falls far short of the number needed.
I am also asking that the beginning salary of troopers be increased to $500 monthly. We cannot afford to do less for these men who are our first line of defense.
I believe that these requested improvements, along with full im plementation of safety legislation enacted by the 1968 Legislature, will save hundreds of lives, prevent thousands of personal injuries and avoid millions of dollars in economic losses.

AGRICULTURE
We are asking for funds to continue the progress of the Agricul ture Department with a request for lease rental funds to rebuild or modernize State Farmers' Markets in Columbus, Macon, Augusta, Savannah, and Thomasville.

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OTHER PROGRAMS

For Game and Pish, Forestry, Parks, Mines, Mining and Geology, Industry and Trade, Labor, Pardons and Paroles, Probation, Veterans Services, Defense, Revenue, Law and other agencies that I have not discussed, I have made my recommendations to you also only after thorough study. My response, in every case, has been to ask for the minimum I feel absolutely necessary to assure our continued progress. I could not, in good conscience, ask for less and still expect to meet the
needs of our State.

In addition to wage increases I have outlined for those in public safety and education, this budget also includes a 3.5 percent annual increase for all State employees. Towermen in the Forestry Department will be raised from $210 to $281 per month, forestry patrolmen from $352 to $416 per month and highway maintenance personnel will receive a reasonable increase.

The present reserve of $21 million is only equal to 2.5 percent of our current fiscal year budget. This is totally unsound. Obviously, you could not operate your own business with a reserve of only 2.5 percent, and neither can State Government.

Fiscal soundness and common sense demand that we take steps that should have been taken years earlier to raise State Government's "working reserve" in order to insure that the State will be able to meet its financial obligations during those periods when revenue out-go exceeds the revenue income.

I am proposing that the present $21 million "working reserve" be increased by $33 million to $54 million--or to a total amount equal to five percent of the proposed operating budget for 1970. Furthermore, the legislation I propose will require that this reserve be maintained at five percent.

All in all, I consider this to be a fiscally sound budget, and one planned to keep Georgia moving toward a brighter future.

TAX CHANGES
As I stated earlier, I endorse, in principle, the Papke Report, the report resulting from your proposals that a tax revision study be made for the purpose of revising Georgia's tax structure.
It recommends the following tax changes:
To increase from three to four percent the sales tax rate with exemptions to $300 per person per year on purchases of necessities to be granted through annual income tax credits ranging from $12 down ward depending on income.
Inclusion of consumer services in the sales tax base.

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A change in the rate structure of the personal income tax, with a $20 credit for each taxpayer and dependent in lieu of personal exemptions and dependency deductions.

An increase in the corporate income tax.

A one and one-half cent per gallon increase in the motor fuel tax.

An increase in the cigarette tax rate, and a change in the wine tax.

The exemption of household goods from the tangible personal property tax.

This program, as outlined, provides for a reduction in the per centage of the burden of taxes borne by Georgia residents in the lower income brackets.

Let me remind you, at this point that, of the proposed increased revenues, totaling 214 million dollars, only 82 million dollars is for in creased cost of State Government to those agencies where you normally determine appropriations. The remaining 132 million dollars is for counties, cities, school systems, highway programs and for working reserve increases. Also keep in mind that this amount of 82 million dollars is less, on an average percentage basis, than the surplus funds that were appropriated in each of the preceding four budgets.

As I explained in my State of the State message, this spending of surplus funds for programs requiring recurring, and sometimes escalating, expenditures is one of the chief reasons that has brought about our current dilemma. We are forced, at this point, to either replace these surplus funds with a permanent source through tax revision, or else we must turn our backs on the progress and prosperity which these surplus funds have bought, thereby jeopardizing many valuable and worthwhile investments.

As a safeguard to prevent the recurrence of this situation, I am recommending legislation that would automatically transfer from sur plus fund accumulations to the working reserve an amount sufficient to maintain it at a level of five percent of the operating budget. I am further recommending that not more than 25 percent of the remainder of any surplus accumulations be appropriated for recurring expendi tures. The remainer would be reserved to be used only for debt retire ment and non-recurring expenditures. These safeguards are long over due. You demand these in your own business, in your factory, on your farm, and in your home. We must practice equal fiscal responsibility in government.

The leadership and courage we express in our actions to be recorded in the annals of history, will testify as to whether we were bold enough to make Georgia a better place in which to live in the 1970's, 1980's, 1990's and the 21st Century just ahead. I believe--yes, I have confi dence--that your actions will set Georgia on a brighter, safer, and more prosperous course.

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While the citizens of our State, and much of the nation watch, I believe that they will see, and history will record that you of the 1969 Georgia General Assembly had the courage, character and dedica tion to put aside politics and personalities.

I believe that your decisions will be based not on what might be best for Democrats, Republicans, Independents, or some special interest, but on what is best for all Georgia citizens.
This great and beautiful and bountiful State of Georgia has un limited potential! We, as a State, and we, as a people, can be whatever we are willing to be.
But, if we are to rise as a State, and if we are to rise as a people, it must be in unison. The rich must not be allowed to climb to the top by stepping upon the bodies of the poor. And yet, the poor must not be dragged to the top, clutching to the heels of those with initiative, with ambition, and with determination.
Those who cannot run must be urged to walk. Those who cannot walk must be encouraged to crawl. And only those who cannot even crawl must be carried. Not one man, not one woman, and not one child can be left behind if we are to continue to prosper as a State and as a people, enjoying the rich harvest provided by a benevolent God.

At this difficult and trying moment in our history, I again pledge to you that I will face up to my responsibility and I have faith that you will do likewise.
Such a profound expression of leadership, courage and compassion coming from you will list yours as one of America's truly great legisla tures of all times.
You may not have a monument built in your honor on Capitol Hill, but you will be assured of a permanent place in the hearts of millions of Georgians.
Yours is a grave task.

It is one that will be trying--requiring an outpouring of sweat, toil, courage, leadership, love and compassion.

Yes, yours is an awesome responsibility. I urge you to give careful consideration to each issue to come before you, and I pray that you will not make a final decision until you reflect upon the fact that, in your decisions, you determine the fate of some four and one-half million living Georgians--and that of millions more yet unborn.

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I have studied Georgia's past, looked at her present and dreamed and planned for her future. And I have come to this moment with a program based upon what I believe to be in the best interests of all Georgians--rich and poor, black and white, young and old, weak and strong.

And, I am depending on you to reach your decision in the same manner. But more than that, your fellow Georgians are depending on you.

They are looking to us all for leadership in the midst of this social, industrial, cultural, and educational revolution. They demand our best.

Only time will testify as to whether we had the vision and the courage to face the issues and do our duty.

Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Mr. Jones of the 59th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Friday, January 17, 1969

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Robert F. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
"Take you wise men, and understanding, and known among your tribes, and I will make them rulers over you. And ye answered me, and said, "The thing which thou hast spoken is good for us to do." (Deuteronomy 1: 13-14)
Eternal God, here in the quiet moments of our prayer, we thank Thee for our Governor, the members of the Senate and the members of the House and others who have dedicated their life to the ministry of serving the people of our State.
O Lord, with so much to do and just getting started in this legisla tive session, already we are confronted with complicated legislative matters. Tension may begin to mount. Good will may be worn thin. In such an hour we solicit thy help that we may not be bewildered by the confusion and magnitude of our State business. Help us find in Thee peace and strength to overcome our paralyzing weaknesses.
Our Father, in the midst of the entanglements and complications of this lawmaking body, help us recognize the essential over the nonessential, the important over the non-important or trivial. In order to be aware of the unimportant and to discover and carry out the essential, we seek Thy reinforcement.
Lord, as we pray for our State, would pray for our nation. Difficult days are ahead for all of us. Save us, we pray Thee, from Communism; from the constant rise of crime; from riots; from un bridled spending, and from being trampled underfoot by people who are taught to hate us, our system of government, and our churches, and our way of life in general.
We need Thy help, our Father. "Give thy servant therefore an understanding mind to govern thy people that I may discern between good and evil; for who is able to govern this thy great people." (I Kings 3:9)
In the name of Christ, we pray this prayer. Amen.

By unanimous consent, the call of the roll was dispensed with.

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Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 73. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Circuit. . . .", so as to change the terms of the Gordon County Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 74. By Messrs. Pickard, Buck, Jones of the 84th, Thompson of the 85th and Thompson of the 86th:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to expand the definition of the word "pro ject"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

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HB 75. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to provide that it shall be unlawful after January 1, 1972, for any person to serve in more than one elective public office for which compensation is paid out of public funds; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to the Committee on Appropriations.

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.
Referred to the Committee on Appropriations.

HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A Bill to be entitled an Act to amend an Act creating a charter for the Town of Rincon, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.
Referred to the Committee on Local Affairs.

HB 79. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc.", so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and participate therein, as provided by said Di vision "A"; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to Reenact the Charter of The City of Macon contained in the act approved August 17, 1914, etc.", so as to extend the city limits of the City of Macon, and for other purposes.
Referred to the Committee on Local Affairs.

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and others:
A Bill to be entitled an Act to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.
Referred to the Committee on Ways and Means.

HB 82. By Mr. Bowen of the 47th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.
Referred to the Committee on Local Affairs.

HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A Bill to be entitled an Act to authorize the gift of all or part of a human body after death for specified purposes and under certain con ditions; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 84. By Messrs. Westlake of the 75th and Wood of the llth: A Bill to be entitled an Act to amend Code Section 56-704, relating to unfair methods of competition and unfair acts or practices as they pertain to the insurance industry, so as to further define and prohibit unfair insurance practices; and for other purposes.
Referred to the Committee on Insurance.
HB 85. By Mr. Thompson of the 86th: A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punish-

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ment therefor, establishing new laws relating thereto, providing for a new Criminal Code, so as to provide for additional improper uses of a credit card for which penalties are provided; and for other purposes.
Referred to the Committee on Industry.

HB 86. By Messrs. Harris of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend Code Section 38-416 relating to persons compellable to testify, so as to provide that in all criminal trials in this State the accused shall be competent, but not compellable to testify as a witness in his own behalf; and for other purposes.
Referred to the Committee on Judiciary.

HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
Referred to the Committee on Ways and Means.

HR 44-87. By Messrs. Westlake and Floyd of the 75th, Lane of the 101st, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and others:
A Resolution creating the Joint Licensing of Children's Orphanages Study Committee; and for other purposes.
Referred to the Committee on Education.

HR 45-87. By Messrs. Gaynor of the 88th, Funk of the 82nd, Ellis of the 91st, Whaley of the 93rd, Jones of the 87st and Battle of the 90th:
A Resolution declaring certain land as surplus, and empowering and directing the Governor to execute the necessary documents, so as to vest title of said land in the County of Chatham; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 88. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to establish an account which shall be administered by the State Department of Education under the super vision of the State Board of Education into which shall be distributed among the several local units of school administration once a month during the regular school year; and for other purposes.
Referred to the Committee on Education.

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HB 89. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish his debt; and for other purposes.
Referred to the Committee on Judiciary.

HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
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, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
Referred to the Committee on Judiciary.

HB 49. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the Ombudsman Chapter; and for other purposes.

HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th:
A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.

HB 51. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act regulating the employ ment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circum stances; and for other purposes.

HB 52. By Messrs. Harris, Levitas, Farrar and Thomason of the 77th, Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining whether the county manager form of county government is desired by the people of such county; and for other purposes.

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HB 53. By Messrs. Brantley of the 114th and Harris of the 77th:
A Bill to be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that, with certain exceptions, any person covered by such policy or contract shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist; and for other purposes.

HB 54. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.

HB 55. By Mr. Sorrells of the 24th:
A Bill to be entitled a Act to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.

HB 56. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating the City Court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 57. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Habersham County, so as to change the compensation of the commissioners; and for other purposes.

HB 58. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend Code Section 56-2430.1, relating to cancellation of automobile insurance policies, so as to provide that the named insured shall be notified by registered or certified letter that he has 10 days to pay premium before cancellation; and for other pur poses.

HB 59. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to create a new department of the State government to be known as the "Department of Community Affairs"; and for other purposes.

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HB 60. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, Lane of the 101st and Buck of the 84th:
A Bill to be entitled an Act to amend Code Chapter 26-21, relating to the distribution of obscene materials, so as to prohibit the sale and distribution of certain harmful materials to minors; and for other purposes.

HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 80th, Westlake of the 75th, Lane of the 101st and Buck of the 84th:
A Bill to be entitled an Act to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.

HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th, Messrs. Winkles of the 96th, Games of the 104th and Smith of the 3rd:
A Bill to be entitled an Act to provide for the registration and regula tion of cemeteries; and for other purposes.

HB 63. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act amending the Code of Georgia of 1933, by striking in its entirety Title 22 relating to corpora tions, and inserting in lieu thereof a new Title 22, so as to change a certain provision relating to the publication of notice of incorporation; and for other purposes.

HB 64. By Messrs. Games of the 104th and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for an additional exemption from the taxes imposed by said Act; and for other purposes.

HB 65. By Messrs. Parker, Lane and Nessmith of the 44th: A Bill to be entitled an Act to grant a new charter to the Town of Newington in Screven County; and for other purposes.
HB 66. By Mr. Farmer of the 16th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for exemptions from the taxes imposed by said Act; and for other purposes.

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HB 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.

HB 68. By Messrs. Clarke of the 33rd, Dodson of the 82nd, Buck of the 84th, Sherman and DeLong of the 80th, Maxwell of the 78th and Whaley of the 93rd:
A Bill to be entitled an Act to provide that it shall be unlawful to sell visual or vocal representations depicting nudity, sexual conduct or sado masochistic abuse of the human body; and for other purposes.

HR 36-68. By Mr. Townsend of the 115th:
A Resolution voting impeachment charges against John B. Stanley; and for other purposes.

HR 37-68. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th:
A Resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.

HR 38-68. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution, so as to add five members to the State Board of Education; and for other purposes.

HR 39-68. By Messrs. Edwards and Black of the 45th, Dailey of the 53rd, Bray of the 31st, Phillips of the 38th, Knowles of the 22nd, Roach of the 10th, Sorrells of the 24th, Ballard of the 23rd, Parker of the 46th and others:
A Resolution designating the Bobwhite Quail as the official Georgia State Bird; and for other purposes.

HB 69. By Messrs. Felton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st, Carnes of the 104th, Murphy of the 19th, Paris of the 14th and Jones of the 59th:
A Bill to be entitled an Act to provide that a driver or operator of a motor vehicle or airplane shall owe to a guest passenger thereof the duty to exercise ordinary care; and for other purposes.

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HB 70. By Messrs. Egan of the 116th, Jones of the 59th, Dodson of the 82nd, Gary of the 21st, Games of the 104th, Gaynor of the 88th, Lambert of the 25th, Townsend of the 115th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a general retail sales tax; and for other purposes.

HB 71. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Code Section 40-806, relating to the compilation of the Official and Statistical Register of the State, so as to provide that said register shall be compiled every four years; and for other purposes.

HR 40-71. By Mr. Moore of the 6th: A Resolution compensating Mrs. Fred Rider; and for other purposes.

HB 72. By Messrs. Murphy of the 19th, Gaynor of the 88th, Odom of the 61st, Brown of the 32nd, Harris of the 67th and Dodson of the 82nd:
A Bill to be entitled an Act to amend Code Section 13-2027 relating to the maintenance of reserves by banks, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and certificates of deposit; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

SB 2. By Senator Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; and for other purposes.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs sub mitted the following report:

Mr. Speaker: Your Committee on Local Affairs has had under consideration the following

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Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 29. Do Pass. HB 34. Do Pass. HB 54. Do Pass. HB 55. Do Pass. HB 56. Do Pass. HB 67. Do Pass. HB 65. Do Pass. HB 67. Do Pass.

Respectfully submitted, Clarke of the 33rd Chairman.

The following communication was received and read:
January 16, 1969
Honorable George L. Smith II Speaker Georgia House of Representatives Atlanta, Ga. 30334
Dear Mr. Speaker:
This is to certify that on Jan. 13, 1969, the Republican House members met in caucus at the State Capitol and elected the following party officers:
Minority Floor Leader, Rep. Carr G. Dodson; Assistant Minority Floor Leader, Rep. Kil Townsend; Chairman of the Caucus, James R. Westlake, and Minority Caucus Secretary, Rep. John H. Sherman, Jr.
Respectfully, James R. Westlake Chairman of the Caucus.

The Speaker Pro Tern assumed the Chair.

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 27. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.

The report 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 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act creating a system of retire ment for employees of the City of Americus, as amended, so as to change the employer and employee contributions to said retirement system; and for other purposes.

The report of the Committee, which was favorable to the passage of the bill,, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 34. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Habersham County, so as to provide for county-wide voting by the voters when electing said commissioners; to change the compensation of said commissioners; 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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161

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 36. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act providing for a Charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current ex-, penses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A Bill to be entitled an Act to provide an expense allowance for opera tion of the office of District Attorney of the Western 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 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 40. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 41. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act placing the compensation of the Clerk of the Superior Court, the Ordinary and Coronor of Walton County on a salary basis in lieu of a fee basis, so as to change the compensation of said 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 106, nays 0.

The Bill, having the requisite constitutional majority, was passed.

HB 42. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Walton County, as amended, so as to change the com pensation of the Tax Commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 43. By Messrs. Pickard, Jones and Buck of the 84th, Berry and Thompson of the 85th, Thompson and Davis of the 86th:
A Bill to be entitled an Act to amend an Act entitled "An Act to Pro vide that Muscogee County shall Provide for a Permanent Pension Fund

FRIDAY, JANUARY 17, 1969

163

for Present and Future Employees, Including the City-County Health Department and Elected Salaried Officers, etc."; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:

HB 39. By Messrs. Ware of the 30th, Busbee of the 61st, Lee of the 21st, Pickard of the 84th and others:
A Bill to be entitled an Act to amend an Act establishing the State De partment of Air Transportation, so as to change the membership there of; and for other purposes.

The report 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 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 24-37. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 102, nays 0.

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The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Chandler of the 34th asked unanimous consent that HR 24-37 be im mediately transmitted to the Senate.

The consent was granted, and HR 24-37 was ordered immediately trans mitted to the Senate.

Under the general order of business, the following Bill of the House was read the third time and further action postponed until Monday, January 20, 1969:

HB 14. By Messrs. Henderson of the 117th, Murphy of the 19th, McDaniell of the 117th and others:
A Bill to be entitled an Act to amend Code Section 13-201.1 relating to certain definitions as used in Title 13 known as the "Banking Law", as amended, so as to change the provisions relating to the term "village"; to repeal conflicting laws; and for other purposes.

The following report of the Committee on Rules was received and read:

REPORT OP THE HOUSE RULES COMMITTEE ON THE CONTEST RELATIVE TO THE FOURTH
REPRESENTATIVE DISTRICT
MR. SPEAKER:
Your Committee on Rules has had under consideration the matter of the contest relative to the Fourth Representative District which was referred to the Committee on January 13, 1969. The contest was filed by Mr. Howard Simmons, Democratic candidate for Representative from the Fourth Representative District in the November, 1968, general elec tion, against Mr. Howard Kaylor, Republican candidate for Representa tive from the Fourth Representative District in said election. Mr. Sim mons was represented by Mr. E. Freeman Leverett, Attorney at Law, Elberton, Georgia, and Mr. Kaylor was represented by Mr. Paul Webb, Jr., Attorney at Law, Atlanta, Georgia, and Mr. Cecil Hartness, At torney at Law, Blue Ridge, Georgia.
After hearing from counsel but prior to the presentation of wit nesses and evidence, the Committee adopted a motion that the contest be resolved as follows:

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165

"(1) That the official certificates to the Secretary of State by the Ordinary of Gilmer County and Ordinary of Fannin County be ac cepted prima facie as the official count;

(2) That this Committee hear evidence of the alleged fraud and irregularities made by the contestants;

(3) In the event that fraud or irregularities is found sufficient to change the outcome of the election, or cast the same in doubt, that a new election be had;

(4) That all evidence as to fraud and irregularities be perpetuated by a reporter under oath, and any evidence of fraud be furnished to the Attorney General for his consideration as to whether or not prosecution should be had."

The presentation of witnesses and evidence, and the arguments of counsel were concluded on the third day of the hearing on January 15, 1969. Testimony was given under oath and the entire proceedings were recorded. The Committee met on January 16, 1969, for a consideration and discussion of the testimony, evidence, arguments, and applicable statutory and constitutional provisions.

The Committee wishes to commend counsel for both parties for their able presentations and for their cooperation with the Committee.

FINDINGS

The Committee finds:

1. That sufficient evidence of irregularities and matters which could possibly amount to fraud was presented to place in doubt the result of the election for a member of the House of Representatives from the Fourth Representative District held on November 5, 1968.

2. That no evidence was presented that either Mr. Simmons or Mr. Kaylor had knowledge of, caused or condoned any of the irregularities or other matters involved.

3. That there was a failure of election, and neither Mr. Kaylor nor Mr. Simmons is entitled to be seated as the member of the House of Representatives from the Fourth Representative District, thereby cre ating a vacancy from the said District.

RECOMMENDATIONS

The Committee recommends:

1. That the House of Representatives declare that there was a failure of election for a member of the House of Representatives from the Fourth Representative District at the general election held on No vember 5, 1968, and that a vacancy exists in that office.

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2. That a special election be held, pursuant to law, in order that a member of the House of Representatives from the Fourth Representa tive District be elected and that the Governor and Secretary of State be informed of the action of the House of Representatives, so that appro priate steps may be taken in this regard.

3. That the State Election Board exercise its duty under Code Sec tion 34-202(a) and (h) of the Georgia Election Code and any other ap plicable provisions of law in order to assist in making certain that such election shall be legal and proper.

4. That the transcript of the hearing and the exhibits admitted in evidence be transmitted to the Attorney General for his investigation and consideration as to whether or not prosecution should be had.

Respectfully submitted, Committee on Rules George D. Busbee, Vice Chairman

The following Resolution of the House was read: HR 48. By Mr. Busbee of the 61st:

A RESOLUTION
Relative to the Fourth Representative District; and for other pur poses.
WHEREAS, the Rules Committee of the House of Representatives has conducted a hearing on the contest between Honorable Howard Simmons, the Democratic candidate in the November, 1968, general elec tion, from the Fourth Representative District, and Honorable Howard Kaylor, Republican candidate in the November, 1968, general election, from said District; and
WHEREAS, the Committee has submitted a report in which it recommends that neither of said candidates be seated as the Representa tive from the Fourth Representative District, and that a special elec tion be held to elect a Representative from said District.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the report of the Rules Committee relative to the aforesaid contest is hereby adopted and the recommendations contained therein are hereby adopted as the recommendations of the House of Representatives. The House of Representatives hereby declares that there was a failure of election in the aforesaid general election for the Fourth Representative District and declares that a vacancy exists in the office of Representative in the House of Representatives from the Fourth Representative District of the State of Georgia.

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167

BE IT FURTHER RESOLVED that this body hereby recommends that the special election be held as soon as possible under the provisions of law in order that the citizens of the Fourth Representative District be represented in the House of Representatives of the General Assembly of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit immediately a copy of this resolution and a copy of the report of the Rules Committee of the House of Representa tives to the Governor, to the Secretary of State, to the Attorney Gen eral, to the members of the State Election Board, to Honorable Howard Kaylor, to Honorable Howard Simmons, to Mr. E. Freeman Leverett, Counsel for Mr. Simmons, and to Mr. Paul Webb, Jr., and Mr. Cecil Hartness, Counsel for Mr. Kaylor.

Mr. Busbee of the 61st moved that HR 48 be adopted and the motion pre vailed. The Resolution was adopted.

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 100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.
Referred to the Committee on Ways and Means.

HB 101. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the rate of tax imposed under said Act; and for other purposes.
Referred to the Committee on Ways and Means,

HB 102. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OP THE HOUSE,

HB 103. By Messrs, Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act approved March 30, 1937 relative to the taxation of cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manufac ture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.
Referred to the Committee on Ways and Means.

HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 O'clock, Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.

MONDAY, JANUARY 20, 1969

169

Representative Hall, Atlanta, Georgia Monday, January 20, 1969

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day was called to order by the Speaker.

Prayer was offered by Rev. Bobby E. Davis, Pastor, Calvary Methodist Church, Swainsboro, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day has been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of 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. 7. That the Spealcer may in his discretion call up any Bill on the General 6. First reading and reference of Senate Bills and Resolutions. Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

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JOURNAL OF THE HOUSE,

HB 91. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act known as the "Unem ployment Compensation Law" (now Employment Security Law), so as to provide that individuals who are laid off from work through no fault of their own, shall be paid for the individual's waiting period of one week under certain circumstances; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 92. By Messrs. Miller of the 83rd, Pinkston and Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.
Referred to the Committee on Education.

HB 93. By Messrs. Brantley of the 52nd, Nessmith of the 44th, Matthews of the 63rd and Phillips of the 50th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and local govern ments in the cost of the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Education.

HB 94. By Messrs. Gunter of the 6th and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating and establish ing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 95. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 96. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to change the method for choosing succes-

MONDAY, JANUARY 20, 1969

171

sors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 97. By Messrs. Gunter and Moore of the 6th:
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.
HR 46-97. By Mr. Rush of the 51st:
A Resolution urging the Georgia Congressional Delegation to amend the "Uniform Time Act of 1966", Public Law 89-387, 89th Congress, approved April 13, 1966, relating to the advancement of time during a certain period of the year, so as to have Daylight Savings Time in effect during the months of June, July and August of each year; and for other purposes.
Referred to the Committee on Industry.

HB 98. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act establishing a State Employees' Retirement System, so as to change the provisions of that Act relating to former employees; to provide creditable service for certain employees; and for other purposes.
Referred to the Committee on State of Republic.
HB 99. By Messrs. Westlake, Davis and Floyd of the 75th, McCracken of the 36th and Davis of the 86th:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to the making or delivery of a worthless check, etc. for the payment of money, so as to provide that any person making or delivering a worthless check, etc., who receives money or other thing of value in excess of a certain amount as a result thereof, shall be guilty of a felony; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 47-99. By Messrs. Hudson and Dorminy of the 48th:
A Resolution to provide that the State Auditor shall consider $15,994.78 of the cost of maintaining and operating the public works camp in Wilcox County as a direct expense for the construction and maintenance of the public roads in Wilcox County for the fiscal year 1967-1968

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beginning on April 1, 1967, and ending on March 31, 1968; and for other purposes.
Referred to the Committee on Appropriations.

HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, Cook of the 95th, Daugherty of the 109th, Brantley of the 114th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of The Board of Education of Fulton County, so as to clarify the wording of the formula provided in the amendment approved March 4, 1966 for computing a refund of a portion of the employees' contributions in certain cases;" and for other purposes.
Referred to the Committee on Local Affairs.

HB 107. By Mrs. Merritt of the 46th and Mr. Adams of the 100th:
A Bill to be entitled an Act to amend Chapter 74-4 of the Code of Georgia, relating to adoption, so as to provide that it shall be unlawful for the parent of any child to advertise that he or she will sell or part with the said child, or in any manner become party to the separation of the said child except through the provisions of this Chapter; and for other purposes.
Referred to the Committee on Welfare.

HB 108. By Mr. Adams of the 100th:
A Bill to be entitled an Act to provide for increased pension benefits for policemen and fireman, widows and minor children of the same in certain counties (population in excess of 300,000); and for other purposes.
Referred to the Committee on Local Affairs.

HB 109. By Mr. Graves of the 9th:
A Bill to be entitled an Act to amend an Act providing a salary from State funds for each district attorney, so as to clarify the provisions thereof relative to the payment of the contingent expense allowance and other compensation provided for the district attorneys; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 110. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act consolidating the offices

MONDAY, JANUARY 20, 1969

173

of Tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 111. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the Criminal Court of Atlanta, so as to fix the salaries of the Judges and of the Solicitor General of the Criminal Court of Fulton County, and for the purpose of setting a maximum for any pensions to which said officers may be entitled;" and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 73. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Circuit . . . ", so as to change the terms of the Gordon County Superior Court; and for other purposes.

HB 74. By Messrs. Pickard, Buck, Jones of the 84th, Thompson of the 85th and Thompson of the 86th:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to expand the definition of the word "project"; and for other purposes.

HB 75. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to provide that it shall be unlawful after January 1, 1972, for any person to serve in more than one elective public office for which compensation is paid out of public funds; and for other purposes.

HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, and Paris of the 14th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 77. By Messrs. Murphy of the 19th, Lane of the 44th, and Paris of the 14th:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1969 and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; and for other purposes.

HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A Bill to be entitled an Act to amend an Act creating a charter for the Town of Rincon, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.

HB 79. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc.", so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and participate therein, as provided by said Division "A"; and for other purposes.

HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to Reenact the Charter of The City of Macon contained in the act ap proved August 17, 1914, etc.", so as to extend the city limits of the City of Macon, and for other purposes.

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and others:
A Bill to be entitled an Act to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as the "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and for other purposes.

HB 82. By Mr. Bowen of the 47th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.

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175

HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A Bill to be entitled an Act to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.

HB 84. By Messrs. Westlake of the 75th and Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-704, relating to unfair methods of competition and unfair acts or practices as they pertain to the insurance industry, so as to further define and prohibit unfair insurance practices; and for other purposes.
HB 85. By Mr. Thompson of the 86th: A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, establishing new laws relating thereto, providing for a new Criminal Code, so as to provide for additional improper uses of a credit card for which penalties are provided; and for other purposes.
HB 86. By Messrs. Harris of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend Code Section 38-416 relating to persons compellable to testify, so as to provide that in all criminal trials in this State the accused shall be competent, but not compellable to testify as a witness in his own behalf; and for other purposes.

HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
HR 44-87. By Messrs. Westlake and Ployd of the 75th, Lane of the 101st, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and others: A Resolution creating the Joint Licensing of Children's Orphanages Study Committee; and for other purposes.

HR 45-87. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st, Whaley of the 93rd, Jones of the 87th, and Battle of the 90th:
A Resolution declaring certain land as surplus, and empowering and directing the Governor to execute the necessary documents, so as to vest title of said land in the County of Chatham; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 88. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act to establish an account which shall be administered by the State Department of Education under the super vision of the State Board of Education into which shall be distributed among the several local units of school administration once a month during the regular school year; and for other purposes.

HB 89. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish her debt; and for other purposes.

HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
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, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.

HB 100. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.

HB 101. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the rate of tax imposed under said Act; and for other purposes.

HB 102, By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide for an increase in the motor fuel excise tax; and for other purposes.

HB 103. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th: A Bill to be entitled an Act to amend an Act approved March 30, 1937

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177

relative to the taxation of cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manufac ture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other purposes.

By uaninmous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 54. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Walton County, so as to change the compensation of the chairman and other 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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 55. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 56. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating the City Court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 57. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Habersham County, so as to change the compensation of the commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 65. By Messrs. Parker, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to grant a new charter to the Town of Newington in Screven 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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179

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 67. By Messrs. Dodson of the 82nd, Knapp, Keen, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 28. By Messrs. Rowland and Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, as amended, so as to increase said allowance; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barber

Barfield Battle Bell Berry

Black Blalock Bohannon Bond

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Brantley, H. H. Brooks Brown, B. D. Brown, C. Buck Burruss Games Cato Chandler Cole Collier Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dickinson Dixon Dorminy Douglas Egan Ellis Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Hale Hamilton

JOURNAL OF THE HOUSE,

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Hutchinson Johnson Joiner Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Milford Miller Morris Mullinax

Murphy Northcutt Nunn Odom Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Ross Rowland Russell Scarborough Shanahan Shepherd Sherman Simkins Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, L. W. Thompson, R. Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those voting in the negative were Messrs. S. Collins and Geisinger.

Those not voting were Messrs.:

Atherton Ballard Bennett Bostick Bowen Brantley, H. L. Bray Busbee

Caldwell Gates Clarke Collins, M. Cook Davis DeLong Dent

Dodson Edwards Fallin Farmer Farrar Gunter Hadaway Hood

Howell Hudson Jones, C. M. Jones, Herb Jordan Knapp Lambert Lane, W. J. Lewis Mason Matthews, C.

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McCracken Melton Merritt Miles Moate Moore Nash Nes smith Pafford Parker, H. W. Phillips, G. S.

Rainey Roach Rush Salem Sims, W. A., Jr. Thomason Townsend Westlake Whaley Wilson Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Messrs. Collier of the 54th and Lane of the 101st stated that they had been called from the floor of the House when the roll was called on HB 28, and that their machines had been advertently voted "aye".

Messrs. Lane, Nessmith and Parker of the 44th stated that they had been called from the floor of the House when the roll was called on HB 28, but had they been present would have voted "aye".

The hour of convening the Joint Session under the provisions of HR 27 having arrived, the Senate appeared upon the floor of the House.

The Joint Session was called to order by the President of the Senate.

HR 27, calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from Dr. Fred C. Davison, President of the University of Georgia, was read.

Accompanied by the Committee of Escort and other distinguished guests, Dr. Davison appeared upon the floor of the House.

Lieutenant Governor George T. Smith presented Honorable Chappelle Mat thews, Representative from the 16th District, who introduced Dr. Davison and presented him to the members of the House.

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The following address was delivered to the Joint Session of the General As sembly by Dr. Fred C. Davison, President of the University of Georgia:

I am sure that all boys have spent their share of time daydreaming. Certainly I remember in my own boyhood many exciting and intriguing1 adventures that happened only in my mind, but never in my wildest dreams did I foresee the day that I would be honored by an opportunity to address the General Assembly of this my home state. I appear before you today with a deep sense of respect and appreciation not only for your great accomplishments and the outstanding leadership that you have provided, but also with appreciation for the tremendous problems that you face as you meet here to guide our destiny. Perhaps never be fore has the challenge to become men of destiny been clearer to the memebrs of a Georgia Assembly than it is for you.
I am also honored to serve my state and to work with you in realiz ing her full potential. I have viewed Georgia from the vantage point of other locations and I have never been so convinced of any single fact as I am that here is the greatest opportunity and here is our best chance of developing a society unequalled in any other part of the world today, or, for that matter, in history. This is a land of promise and it is an humbling experience to share with you the great privilege of helping to develop that promise.
I am firmly convinced that education, perhaps more than any other factor, will help us to realize Georgia's potential. The central role of education in the development of human affairs is well documented in other parts of the country and in our own experiences as we have reached for higher levels of economic activity and a better life.
We have a state richly endowed with all the natural resources nec essary to sustain us. We have the best people on earth. The development of our human resources and the wise use of our natural resources are our responsibilities in education. Our geographic location has always been strategic in the South, but modern methods of communication and trans portation have broken many barriers. Georgia has been thrust into the mainstream of life and into competition with the rest of the nation as we strive to improve our economic and cultural life. The graduates of our institutions compete for jobs and positions of leadership with grad uates of the finest institutions anywhere, and economic opportunity in Georgia, more and more, seeks the best prepared individual whether he be Georgian or Californian.
With your wise leadership, and with the guidance of the Chancellor and the Board of Regents of the University System, Georgia has started her greatest move in the field of higher education. And, today we are achieving a significant momentum in providing opportunity in higher education--a momentum toward long-sought goals. Perhaps our greatest single asset is the result of the vision and action of Senator Russell who, while Governor, saw the need for setting up the kind of board for the development and control of higher education that almost every other state in this nation would like to copy if it could. The genius of his plan provides a framework within which the maximum return from our resources can be realized. As a result, we have a plan; we have co-

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ordination; we have assessed our needs; we know our goals; and we have had your support.

We know that we have more young people of college age today than ever before. We know that a greater percentage are qualified for and must have college education. In 1960, the System institutions en rolled 30,700 students. Today, they have a total enrollment of 76,200-- more than two and one half times as many students as eight years ago. By 1970, conservative estimates predict an enrollment of 90,000 students in System units--a tripling of students in a ten-year period.

To provide the opportunities and resources that these, and the stu dents who come after, will need calls for breadth of vision and a de termination to use our dollars wisely. The System as a whole must be responsive to Georgia's needs in a way that is economicaly feasible. Al though we are a growing state, our per capita income still lags some 20 per cent behind the average for the nation, and the degree-credit en rollment of the college-age population last year was only 28 per cent in Georgia against a national average of 48.8 per cent. This is also 20 percentage points behind the national average. The demand for our best thinking, our most dedicated effort, and our determination to persevere is clear.

In the assessment of needs and the setting of goals, we have as signed responsibilities to various units of the System, and we have achieved a degree of coordination and cooperation from which each of the individual units draws increasing strength. Within the past five years, six new junior colleges have been opened, and four existing junior col leges have been converted to full four-year status. These institutions are providing more opportunity, more readily available to more of our young people. Today, 90 per cent of our Georgia citizens are within 35 miles of at least one of the units of the University System.

As more opportunities have become available, The University of Georgia and Georgia Tech have been assigned unique responsibilities for providing a capstone of quality education. As integral parts of the Sys tem, we are a key to the pace of its progress and the quality of its success. We recognize at the University that this System of higher edu cation will never be better than our institution and, indeed, if we do not establish high standards of quality the entire system will suffer.

I would like to remind you once more that our greatest resource in this state is our people, and for many years too many of our talented young Georgians had to seek their challenges in higher education else where, often never to return. Today, Ladies and Gentlemen, the picturee is changing. Our young people are finding opportunities here that will prepare them for competition with their peers no matter where those peers go to school. Indeed, your University is attracting not only many of our own best minds but many outstanding young people from across the nation--some of whom will remain to become Georgians and play important roles in the future of the state.

Today there are 81 National Merit Scholars among our undergradu ates. They were in the upper one per cent of their high school graduat-

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ing classes. Last year, the University of Texas with 89, and Duke Uni versity with 94, were the only two Southern institutions that exceeded this number of National Merit Scholars.

We have at the University one of the finest groups of young men and women ever to attend the institution. Our entering freshmen this coming Fall will have an average high school grade of above "B" and an average College Entrance Board score of 1050. This average student will be among the upper 25 per cent of high school graduates through out the country. Of this we can be extremely proud.

Our transfer students are coming to us largely from within the Uni versity System with excellent records, and our graduate students come with records of "B" or better, and each brings a recommendation of three professors.

These students are our primary challenge at the University. Our chief goal is that of educating these young people now, and others like them in the years to come. For them we are attempting to create as near an ideal climate for learning as we know how, even though the task is producing stress and strain on both our faculties and facilities.

Two years ago, with support made available by this body, the Chancellor and the Board of Regents gave the University a mandate to become a capstone of strength and quality. With this mandate came the resources to bring our faculty up to formula level. This has meant the growth by almost 50 per cent of our faculty. It has brought a 65 per cent increase in non-academic personnel so that the teacher may be released to be a teacher rather than a secretary, a stenographer or file clerk. The job of filling over 450 new academic positions has been a monu mental task but one that we assumed with enthusiasm, and one that has been accomplished with remarkable success by our faculty and admin istration. We have brought into our ranks outstanding individuals from other great institutions such as Harvard, Yale, Johns Hopkins, Minne sota, North Carolina, Northwestern, Texas, Tulane, and many others. Some of these are Georgia alumni who have distinguished themselves in other institutions, and we have been able to bring them back home. All are top people. We have been able to recruit them even though our fac ulty salaries are only barely competitive with the institutions from which they came. A growing national recognition that the State of Georgia is committed to improve education has been one of our greatest drawing cards.

We know that we must produce an optimum situation between these teachers and their students. We have made every effort to reduce class size and, indeed, our average class size today is approximately 21 stu dents. To bring this about we use our classrooms approximately 100 per cent on the basis of a 40 hour week. Most universities consider 75 per cent an effective utilization figure. We have expanded the teaching day to the tenth, eleventh, and twelfth periods, and we now have classes running until 10 o'clock at night.

It has been necessary to keep parts of our library open until 1 o'clock in the morning, to operate our campus bus system until after

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185

9 o'clock at night, and to keep many buildings open in the evening for study purposes. We are requiring heavier loads of our faculty and stu dents, but they have accepted this as an opportunity for better teaching, and cooperation has been phenomenal. We have greatly improved our academic advising and counseling program. Today we do not intend for any student at The University of Georgia to lack for individual atten tion or assistance.

We have a good dormitory tutorial program designed to provide all students in certain courses with competent assistance when needed with out extra charge. We have significantly reduced our reliance on the use of graduate teaching assistants and we have devised more appropriate ways to employ graduate students in the instructional and research pro grams. For example, many graduate students now work as laboratory assistants, tutors, monitors, and in conjunction with senior professors who carry the main responsibility for classroom instruction. Today, we generally require teaching assistants to have the master's degree or its equivalent and in many cases they also have had previous teaching ex perience.

A highly successful orientation program brings entering students to the campus in the summer in groups of 200, so that we can meet with them in a more leisurely atmosphere to plan their study programs on an individual basis.

One of our highest priorities has been library resources which con stitute the very heart of effective teaching programs. Our budget for acquisitions has been doubled, and last year the use of library resources by faculty and students rose by 20 per cent to a record high. This year, already, the use has increased 16 per cent over last year. I might point out that as a routine matter, we share our library resources with other units of the University System.

In the field of research the University has made tremendous strides in the recent past. There is a misconception that I feel must be rectified at this point and that is that a research program is carried on at the ex pense of an instructional program and that one detracts from the other. In an institution such as ours, nothing could be further from the truth. At the University of Georgia, the research program is the teaching pro gram at the post baccalaureate level. It is here that we are able to offer today what this state has not been able to offer its citizens before.

Our resident graduate student enrollment in 1960 was 60. Two years ago, we enrolled 1700 graduate students in the Pall Quarter. Last year the figure was 2100, and this past Fall 2700. In 1960, we awarded 4 doc toral degrees. This year we will award approximately 135 doctoral de grees. Most of these candidates will have devoted some five to seven years in graduate work to qualify for their degrees. Since 1960, the University has moved into the top 100 doctoral degree granting institu tions in the United States.

The impact of this level of training on our state is almost beyond comprehension. While the prime responsibility of the research program is that of providing the laboratory and teaching environment for the

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training of students there are parallel outputs of great value to each, of us and to the State. These include, of course, new information, new procedures, and new concepts. Our faculty with their students are work ing on problems ranging from agriculture to zoology. We are concerned not only with the mechanics of life but also with the quality of living. We are working at the molecular level in trying to understand processes such as cancer, reproduction and other complex chemical phenomena, and we are trying to understand through ecology the inter-relationship of all factors of our environment.

New business methods, new methods of learning, high pressure re actions in geology, movements of people and political systems, the effect of music on the mentally disturbed, transmission of disease and the processes by which the body can protect itself--these are but a few of our interests.

When you realize that each doctoral candidate receiving his degree from the University must contribute through original research to the body of knowledge and that we have over 60 major areas of concen tration, the impact of such a program becomes apparent. From such explorations have come whole new economies in other parts of the coun try, and such will be the case in Georgia. From such activity has also come the basic understanding which has made the solution of many of our medical, social, legal, and political problems possible.

From the ranks of our graduate students will come persons to fill top-level positions in education, industry, government, and other pro fessions.

The professors responsible for our research program have done a magnificent job for Georgia in a highly competitive market. Last year, they produced over 13 million dollars in outside gifts and grants and they earned this money for us in competition with their peers across the country. Only because of their initiative and activity can we provide the opportunities that our graduate students must have.

A fact worth noting about our graduate and research program is the obvious recognition of its quality outside Georgia. Graduate students are not forced to come to us. They come because they are attracted by the national reputation of our people, or because the University has been recommended to them by outstanding faculty members in institu tions where they completed undergraduate work.

In addition to graduate degree candidates, we are accepting an in creasing number of post doctoral workers on our campus--89 this year, more than three times the number we had three years ago. More than half this group have come to us on grants from outside sources. All hold their doctoral degrees. Many are well along in their careers, but they have come to us for advanced study because of the quality of our re sources and the singular nature of our programs.

Linked with our momentum toward a new excellence in teaching and research is a vigorous drive to extend our resources beyond the bor-

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ders of the campus. The good universities of this country are no longer ivory towers and none recognizes with a clearer focus than the Univer sity of Georgia that it has definite responsibilities to a sponsoring so ciety beyond the limits of its own campus and that indeed every citizen of this state should benefit by our presence. I don't have to describe to you the rich heritage established by the Extension Service in the College of Agriculture--a service that for many years has reached into every county and to most of the homes of Georgia. Few people realize, how ever, that today we have made our complete pool of talent and resources available to all of the citizens of Georgia through many other service programs. Our Institute of Community and Area Development, the In stitute of Government, the Institute of Higher Education, the Bureau of Business Research, the Center for Management Systems, and the Insti tute for Employee Relations have also gone out into the state to help our sponsoring society solve its problems. A fundamental concept which we hold is that of the responsibility of people for their own community development. We have been privileged to be a part of the spectacular new planning of the 17 area planning and development commissions which are helping to reshape the state. We have been proud that this partnership has challenged the very broadest and best of our resources. And here again, we have had the advantage of moving in concert with other units of the University System to help Georgia move forward.

The people of Georgia have for a good many years been building a new economy and remodeling their communities. In this gigantic under taking, new and sometimes very complex problems emerge. The strains upon local and state governments are increasing, and the needs for training programs for public officials are multiplying. The University, as in research, is doing exciting and innovative work here. Some of you may have seen the approach we have made by television and conference work to the training of more than 3,000 law enforcement officers in more than 120 locations across Georgia. Each year we provide training programs for more than two thousand officers of county, municipal and state governments. The Georgia Center for Continuing Education last year alone reached over 80,000 people--people who sought more knowl edge, a keener insight, a deeper understanding and new ideas needed to change direction in order to do a better job. We are pleased that most of you have come to this Center and made use of our resources as you prepared to assume your responsibilities as members of this Assembly. Toward the end of this month, we will launch at the Center a series of conferences based on the idea that in Georgia we can do it ourselves through community leadership. After the initial conference in the Center calling upon many media to tell the story, we will schedule meetings around the state so that Georgians everywhere can benefit.

Most of us have seen the long and short range results of a service program in agriculture. We have seen the fantastic development of the poultry industry, and we are viewing the introduction of new crops like soybeans into our economy. While we have only scratched the surface in what needs to be done in agriculture, we have demonstrated that we can take findings of our research and teaching programs and make them useful to citizens of this state. We intend to do this through our service program and in full partnership with other units of the Univer sity System, not only in agriculture but in all areas for which we have been assigned responsibility. City as well as rural problems are ours.

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The problems of education are ours along with those of law enforcement and effective government. Mental health, in part, is our responsibility. In all these areas we are committed to help the people of Georgia work toward solutions of their problems.

In company with the other units of the System, the University of Georgia has come a long way. Historically we are the oldest chartered state university in this country. Today, in action we are one of the youngest and most vigorous. But with all our achievements we are still only at the threshold. In fact, we are probably at the most critical junc ture in our history. We now have the opportunity to move decisively from a generally acceptable position to one of excellence--a position of national eminence. Our momentum and our level of quality have been achieved only by rigid discipline of our resources and by the setting of priorities. We have established programs of particular merit in the bi ological sciences, in education, in art, and in law, because these areas cut across all of life's tissue and affect critically the way we live and the quality of our life. These programs have attracted national recognition and substantial outside support and have created a reputation for the University that has benefited all our other programs. We intend to con tinue this pattern of establishing priorities and working toward specific objectives, for while it is the most difficult it is also the surest way of developing in time all our programs to the level of excellence which is our goal.

We believe that no greater contribution could ever be made to this state than the realization of that goal.

We recognize that these are days of great need, and that these needs are all justified. It is our sincere feeling, however, that invest ments in higher education will treat the basic weaknesses of our eco nomic and cultural life rather than attack the symptoms alone.

We have established remarkable momentum in moving toward our goals, but to reach these goals we must sustain our pace. All about us are evidences that Georgia is a growing, changing state. But as we all know, growth and change inevitably present challenging and perplexing problems. I am confident that in Georgia we have almost unlimited potential in human and natural resources by which we can rise to meet these challenges and in so doing build for Georgians a state in which not only they, but citizens throughout our great country, can take justifiable pride.

Senator Webb of the llth moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

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189

The following Resolution of the House was read and adopted:

HR 58. By Mr. Hale of the 1st:

A RESOLUTION
Recognizing and paying tribute to the municipal officers and em ployees of Georgia upon the occasion of the Eleventh Annual Georgia Mayors' Day; and for other purposes.
WHEREAS, municipal government historically is the oldest form of organized government; and
WHEREAS, citizen participation in municipal government provides basic expressions of the American Democratic process; and
WHEREAS, municipalities have the responsibility of providing basic services to foster the health, safety, welfare, comfort and convenience of the citizens who live in our cities and towns and the environs thereof; and
WHEREAS, municipalities provide services necessary for manu facturing, business and other industries which provide employment for a vast majority of Georgians; and
WHEREAS, the municipalities of this State provide centers of reli gious, educational, cultural, social and recreational activity without which civilized progress would be difficult, if not impossible; and
WHEREAS, the city officials of Georgia have voluntarily sought public office to serve their communities and, through them, their fellowman toward the end that each Georgian may enjoy a full, happy and productive life; and
WHEREAS, the members of the Georgia General Assembly are fully aware of the contributions of municipal government to the State of Georgia and its people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby recognize and pay tribute to the municipal officers and employees of Georgia upon the oc casion of the Eleventh Annual Georgia Mayors' Day, this January 20, 1969.

Honorable Richard Ray, President of the Georgia Municipal Association, was presented by Mr. Nunn of the 41st and briefly addressed the House.

The following Resolutions of the House were read and adopted:

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HR 59. By the Minority Party, Georgia House of Representatives:

A RESOLUTION

Commending Honorable Richard M. Nixon and for other purposes.

WHEREAS, Honorable Richard Milhouse Nixon is being inaugurat ed as President of the United States this day, Jan. 20, 1969; and

WHEREAS, he has demonstrated his loyalty and dedication to this nation in service with the Armed Forces, in the Congress of the United States, in the United States Senate, as Vice President and a a private citizen; and

WHEREAS, he has shown a rare ability to deal with the most in surmountable problems during his many years of dedicated public service; and

WHEREAS, in these critical days in the history of our great coun try, he needs the full support of all the American people.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Richard M. Nixon for his many years of dedicated public service and further does hereby extend to him their congratulations and their best wishes in his endeavors to achieve peace and prosperity for all Americans during his years as President of the United States.

BE IT FURTHER RESOLVED THAT THE members of this body do hereby pledge to him their full support in his efforts to unite the American people and lead us forward together in the highest tradition of our great nation.

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 Richard M. Nixon.

HR 60. By Messrs Northcutt, Gary and Lee of the 21st, Longino of the 98th and Lane of the 101st:
A RESOLUTION
Commending the South Metro Hairdressers and Cosmetologists As sociation; and for other purposes.
WHEREAS, the South Metro Hairdressers and Cosmetologists As sociation is an affiliate of the Georgia Hairdressers and Cosmetologists Association; and
WHEREAS, the professional hairdressers and cosmetologists of our

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great State have given generously of their time and talents to maintain beauty care of the highest standards and to enhance the beauty of the women of our State; and

WHEREAS, more than 70,000 members of the National Hair dressers and Cosmetologists Association are conducting public service programs in our great State and throughout the nation to bring profes sional beauty care to less fortunate women confined to homes for the aged, hospitals and other institutions; and

WHEREAS, this national professional association will observe its 19th Annual National Beauty Salon Week during the week of February 9-15, 1969, to salute the contributions of the profession of cosme tologists.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate the South Metro Hairdressers and Cosmetologists Association for the con tributions they have made to their community, state and nation, and call to the attention of all citizens "National Beauty Salon Week" as a week in which to give special recognition to the cosmetologists of our State for their charitable services and as a time for all of us to seek to beautify our State with the same zeal shown by the cosmetologists of our State.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy of this Resolution to the President of the South Metro Hair dressers and Cosmetologists Association.

Leave of absence was granted to Mr. Busbee of the 61st because of illness.

Leave of absence was granted to Mr. Dickinson of the 118th from January 14, 1969 through January 24, 1969 due to his confinement to the Douglas County Hospital.

Leave of absence was granted to Mr. Williams of the llth from January 17, 1969 through January 20, 1969 because of illness.

Mr. Jones of the 59th moved that the House do now adjourn untill 11:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Tuesday, January 21, 1969

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Heyward Stephens, Pastor, Unity Methodist Church, Lakeland, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

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193

HB 112. By Mr. Harris of the 77th:
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 increasing of death benefits in the amount of $500.00; and for other purposes.
Referred to the Committee on Judiciary.

HB 113. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Georgia Code 15-105 to extend boundary between Georgia and Florida from the mouth of St. Marys River to the seaward limit of Georgia; and for other purposes.
Referred to the Committee on Natural Resources.

HB 114. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from mouth of River Savannah to seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.
Referred to the Committee on Natural Resources.

HB 115. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Georgia Code 15-101 so as to con form same to the presently existing boundaries of this State; and for other purposes.
Referred to the Committee on Natural Resources.

HB 116. By Messrs. Barber of the 15th, Smith of the 43rd, Lane of the 44th, Parker of the 44th, Jordan of the 74th, Mrs. Hamilton of the 112th and others.
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.
Referred to the Committee on Education.

HB 117. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.
Referred to the Committee on Insurance.

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HB 118. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
Referred to the Committee on Highways.

HB 119. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Section 91-104, Code of Georgia of 1933, relating to the legal and benefical ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the management of property acquired for future highway purposes are retained by the Highway Department; and for other purposes.
Referred to the Committee on Highways.

HB 120. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize financial and advisory assis tance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organization displaced as a result of roads, street and highways constructed in Georgia with any federal aid funds, made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
Referred to the Committee on Highways.

HB 121. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.
Referred to the Committee on Highways.

HR 49-121. By Mr. Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to pro vide that when determining just and adequate compensation for the purposes of eminent domain proceedings, etc.; and for other purposes.
Referred to the Committee on Highways.

HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th, DeLong of the 80th, Gunter of the 6th, Dean of the 19th, Bennett of the 71st, Bostick of the 63rd, Cato of the 68th, Matthews of the 16th and Rowland of the 42nd:

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195

A Bill to be entitled an Act to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.
Eeferred to the Committee on Special Judiciary.

HB 123. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs,

HB 124. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compen sating the deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.

HB 125. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compen sating the assistant to the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HR 50-125. By Messrs. Higginbotham and Davis of the 75th:
A Resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all and valorem taxation for State, county, municipal and school purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HR 51-125. By Messrs. Levitas of the 77th, Egan of the 116th, Lee of the 61st, Jones of the 84th, Farrar of the 77th, Bostick of the 63rd, Odom of the 61st, Farmer of the 16th and Higginbotham of the 75th:
A Resolution proposing an amendment to the Constitution, so as to delete therefrom the allocation of the proceeds of the motor fuel tax for the purpose of providing and maintaining a system of public roads and bridges; and for other purposes.
Referred to the Committee on Highways.

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HE 52-125. By Mr. DeLong of the 80th:
A Resolution compensating Bill Jones Dodge City, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

HB 126. By Mr. Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Columbia, so as to change the compensation of the Chairman of said Board of Commission ers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 127. By Mr. Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 128. By Mr. Lane of the 101st:
A Bill to be entitled an Act to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
Referred to the Committee on Industry.

HR 53-128. By Mr. Phillips of the 50th:
A Resolution compensating Mr. Herman Robinson and Mr. C. 0. Innis; and for other purposes.
Referred to the Committee on Appropriations.

HR 54-128. By Mr. Joiner of the 35th:
A Resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.
Referred to the Committee on Appropriations.

HR 55-128. By Mr. Joiner of the 35th: A Resolution compensating Mr. Frank Flanders; and for other purposes.
Referred to the Committee on Appropriations.

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197

HR 56-128. By Messrs. Smith, Cole and Leonard of the 3rd:
A Resolution compensating Mrs. Louise R. Warren; and for other pur poses.
Referred to the Committee on Appropriations.

HR 57-128. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution compensating Mr. E. M. Moss; and for other purposes.
Referred to the Committee on Appropriations.

HB 129. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.
Referred to the Committee on Local Affairs.

HB 130. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th, Longino of the 98th, Lane of the 101st, Marcus of the 105th and others:
A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and for feited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, etc. shall be paid directly to the county treasurer or the officer or institution performing the duties of the county treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 132. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend Code Chapter 56-30 relating to individual accident and sickness insurance, so as to provide that no such policies should be cancelled until or unless the named insured shall have been informed that he has a 15 day grace period in which to pay any overdue premium; and for other purposes.
Referred to the Committee on Insurance.

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HB 133. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to grant a possessory lien in favor of any person, firm or corporation who or which alters or repairs any motor vehicle at the request of the owner or person in legal possession thereof; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an amending, revising and con solidating the several Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and or other purposes.
Referred to the Committee on Local Affairs.

HB 135. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Em ployment Security Agency in the Department of Labor, for the procure ment of lands, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 136. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now the "Employ ment Security Law"), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 61-136. By Mr. Bray of the 31st:
A Resolution compensating Mr. Richard Floyd Perry; and for other purposes.
Referred to the Committee on Appropriations.

HR 62-136. By Messrs. Burruss, McDaniell, Wilson, Kreeger, Atherton, Housley and Henderson of the 117th:
A Resolution pertaining to Uniform Time; and for other purposes.
Referred to the Committee on Industry.

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199

HR 63-136. By Messrs. Brown and Melton of the 32nd, Mrs. Merritt of the 46th, Messrs. Egan of the 116th and Townsend of the 115th.
A Resolution authorizing the creation and placement of a marble bust of Margaret Mitchell; and for other purposes.
Referred to the Committee on Industry.

HB 137. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other pur poses.
Referred to the Committee on Judiciary.

HB 138. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.
Referred to the Committee on Judiciary.

HB 139. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding, and modernizing pretrial, trial and cer tain post trial procedure in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and pro ceedings thereon may be taken for its enforcement as soon as it is en tered; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 64-139. By Mr. Games of the 104th:
A Resolution to amend a Resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. L. 1968, p. 1170), pro viding compensation for two juvenile court judges who are on the Com mission that were appointed by said committee; and for other purposes.
Referred to the Committee on Judiciary.

HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others.
A Bill to be entitled an Act to amend the Code of Georgia of 1933, as\ amended, so as to increase the time within which certain vehicles must' be registered and a license plate required; and for other purposes.
Referred to the Committee on Motor Vehicles.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

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 141. By Messrs. Parrar of the 77th, DeLong of the 80th, Hood of the 99th, McDaniell and Wilson of the 117th, Reaves of the 71st, Barber of the 15th and many others:
A Bill to be entitled an Act to create a new and entirely separate retire ment system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.
Referred to the Committee on Education.

HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A Bill to be entitled an Act to create the Georgia Higher Education Assistance Authority; and for other purposes.
Referred to the Committee on Education.

HB 169. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State Public Schools, and other State supported schools . . .", so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study pur poses in addition to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.
Referred to the Committee on Education.

HB 170. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait after filing notice; and for other purposes.
Referred to the Committee on Education.

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201

HB 171. By Mr. Barber of the 15th:
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 the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
Referred to the Committee on Education.

HB 172. By Messrs Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating the "Georgia State Scholarship Commission", so as to increase the amount of the surety bond required of the Executive Director of the Commission; and for other purposes.
Referred to the Committee on Education.
HB 173. By Messrs Barber of the 15th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools . . .", to as to provide a reduction of the allowance which a member shall receive upon retirement in the case of the retirement of such member prior to his at tainment of the age of 62 years; and for other purposes.
Referred to the Committee on Education.

HB 174. By Mr. Barber of the 15th: 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 benefit changes; and for other purposes.
Referred to the Committee on Education.
HB 175. By Messrs. Barber of the 15th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.
Referred to the Committee on Education.

HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A Bill to be entitled an Act to amend an Act creating the "Georgia

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Higher Education Assistance Committee", so as to confer upon the Com mittee additional powers; and for other purposes.
Referred to the Committee on Education.

HB 177. By Messrs. Colwell of the 5th, Felton of the 95th, Moore of the 6th, Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-510 relating to the compensation of the State Superintendent of Schools, so as to change said compensation; and for other purposes.
Referred to the Committee on Education.

HB 178. By Messrs. Brown of the 32nd and Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing a Retirement System for teachers in the State Public Schools, so as to provide that any member of the system may take a leave of absence from teaching in order to pursue further academic degrees, and he shall receive credit for such time spent in pursuing further degree; and for other purposes.
Referred to the Committee on Education.

HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th, Busbee of the 61st, Jones of the 59th, Sorrells of the 24th, Vaughn of the 74th, Hale of the 1st:
A Bill to be entitled an Act reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.
Referred to the Committee on Judiciary.

HB 91. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law" (now Employment Security Law), so as to provide that individuals who are laid off from work through no fault of their own, shall be paid for the individual's waiting period of one week under certain circumstances; and for other purposes.

HB 92. By Messrs. Miller of the 83rd, Pinkston and Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that any teacher coming into the Teachers' Retirement System shall be en titled to receive prior service credit for all time spent in American Dependents' Schools overseas; and for other purposes.

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203

HB 93. By Messrs. Brantley of the 52nd, Nessmith of the 44th, Matthews of the 63rd and Phillips of the 50th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and local govern ments in the cost of the Minimum Foundation Program of Education; and for other purposes.

HB 94. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other purposes.

HB 95. My Messrs Gunter and Moore of the 6th:
A Bill to be entitled an Act to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.

HB 96. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to change the method for choosing successors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.

HB 97. By Messrs. Gunter and Moore of the 6th:
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.

HR 46-97. By Mr. Rush of the 51st:
A Resolution urging the Georgia Congressional Delegation to amend the "Uniform Time Act of 1966", Public Law 89-387, 89th Congress, ap proved April 13, 1966, relating to the advancement of time during a cer tain period of the year, so as to have Daylight Savings Time in effect during the months of June, July and August of each year; and for other purposes.

HB 98. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act establishing a State Em ployees' Retirement System, so as to change the provisions of that Act relating to former employees; to provide creditable service for certain employees; and for other purposes.

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HB 99. By Messrs. Westlake, Davis and Floyd of the 75th, McCracken of the 36th and Davis of the 86th:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to to the making or delivery of a worthless check, etc. for the payment of money, so as to provide that any person making or delivering a worthless check, etc., who receives money or other thing of value in excess of a certain amount as a result thereof, shall be guilty of a felony; and for other purposes.

HR 47-99. By Messrs. Hudson and Dorminy of the 48th:
A Resolution to provide that the State Auditor shall consider $15,994.78 of the cost of maintaining and operating the public works camp in Wilcox County as a direct expense for the construction and mainte nance of the public roads in Wilcox County for the fiscal year 1967-1968 beginning on April 1, 1967, and ending on March 31, 1968; and for other purposes.

HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, Cook of the 95th, Daugherty of the 109th, Brantley of the 114th and others.
A Bill to be entitled an Act to amend an Act entitled "An Act to provide Fulton County a system for pension and retirement pay to teachers and employees of The Board of Education of Fulton County, so as to clarify the wording of the formula provided in the amendment approved March 4, 1966 for computing a refund of a portion of the employees' contribu tions in certain cases; and for other purposes.

HB 107. By Mrs. Merritt of the 46th and Mr. Adams of the 100th:
A Bill to be entitled an Act to amend Chapter 74-4 of the Code of Georgia, relating to adoption, so as to provide that it shall be unlawful for the parent of any child to advertise that he or she will sell or part with the said child, or in any manner become party to the separation of said child except through the provisions of this Chapter; and for other purposes.

HB 108. By Mr. Adams of the 100th:
A Bill to be entitled an Act to provide for increased pension benefits for policemen and firemen, widows and minor children of the same in cer tain counties (population in excess of 300,000) ; and for other purposes.

HB 109. By Mr. Graves of the 9th:
A Bill to be entitled an Act to amend an Act providing a salary from State funds for each district attorney, so as to clarify the provisions thereof relative to the payment of the contingent expense allowance

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205

and other compensation provided for the district attorneys; and for other purposes.

HB 110. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.

HB 111. By Mr. Pelton of the 95th: A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the Criminal Court of Atlanta, so as to fix the salaries of the Judges and of the Solicitor General of the Criminal Court of Fulton County, and for the purpose of setting a maximum for any pensions to which said officers may be entitled; and for other purposes.
Mr. Harris of the 77th, Chairman of the Committee on Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 46. Do Pass.
HB 30. Do Pass.
HB 47. Do Pass by Committee Substitute.
Respectfully submitted, Harris of the 77th Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol-

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lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 75. Do Pass.

HB 21. Do Pass.

HB 22. Do Pass.

HB 69. Do Pass.

HB 25. Do Not Pass.

Respectfuly submitted, McClatchey of the 113th Chairman.

The following message was received from the Senate through Mr. McWliorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite consitutional majority the following Bills of the Senate, to-wit:
SB 13. By Senators Carter of the 14th, Stephens of the 36th, and Andrews of the 49th and others: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. L. 1964, p. 3), as amend ed, so as to change the provisions relating to the allotment of teachers; to provide an effective date; and for other purposes.
SB 17. By Senators Spinks of the 9th, Miller of the 43rd, and Cox of the 21st, and others: A Bill to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.
SB 11. By Senator Smalley of the 28th: A Bill to amend an Act revising the adoption laws of Georgia, as amend-

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207

ed, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopted person; and for other purposes.

SB 8. By Senator Webb of the llth:
A Bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide that service of summons and complaint shall not need to be made on the father or mother or guardian of a minor if such minor is married; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 8. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that service of summons and com plaint shall not need to be made on the father or mother or guardian of a minor if such minor is married; and for other purposes.
Referred to the Committee on Judiciary.

SB 11. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, so as to provide for the rights and obligations existing be tween an adopted child and the child's natural mother or father, who is the spouse of the adopted person; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 13. By Senators Carter of the 14th, Stephens of the 36th, Andrews of the 49th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.
Referred to the Committee on Education.

SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st and others:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for ob serving certain holidays; and for other purposes.
Referred to the Committee on Industry.

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The following Resolutions of the House were read and adopted:

HR 65. By Mr. Smith of the 43rd:

A RESOLUTION
Designating January 21, 1969, as Georgia Peace Officers Day; and for other purposes.
WHEREAS, the peace officers of Georgia have rendered outstand ing service to the citizens of this State in protecting their persons and property; and
WHEREAS, members of the peace officers profession are among the lowest paid public employees in practically every locality in Georgia, and in most instances have no normal specified working hours but are called upon to work day and night; and
WHEREAS, this profession is the most hazardous of all, and in these trying times of increased crime and a general lack of respect for law, a peace officer is in danger of losing his life or being seriously injured at any time; and
WHEREAS, the few who engage in or actively encourage violence among peace officers are actually aided and abetted by the many who, because of apathy, indifference or lack of understanding, fail to support the officers who seek to protect their rights and privileges; and
WHEREAS, in most instances the lot of a peace officer is a thank less one, because he receives practically no appreciation for his efforts but receives abundant condemnation for the slightest mistake; and
WHEREAS, it behooves all the citizens of this State to stop and remember that this is a nation of laws, and the peace officers of this State are seeking to uphold the law.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that January 21, 1969, is hereby designated as Georgia Peace Officers Day, and the members of this body hereby ex press their sincerest appreciation to the peace officers of Georgia for their unflinching efforts to uphold the law and to make Georgia a safe State in which to live. All citizens of this State are hereby urged to respect the law and to treat peace officers with understanding and give them their wholehearted support.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Captain Harry Schmid, President of the Peace Officers Association of Georgia, who shall receive it on behalf of all the peace officers of this State.

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209

HR 66. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th:

A RESOLUTION
Commending the Honorable John A. Carley for twenty-seven ex cellent years of service as Clerk of the Superior Court of Troup County; and for other purposes.
WHEREAS, the Honorable John A. Carley recently retired as Clerk of the Superior Court of Troup County, after twenty-seven years of capably and honorably discharging his duties; and
WHEREAS, he served as Clerk of the Superior Court of Troup County from January 1, 1941, until December 31, 1968, and he proved to the legal world that he is an administrator of the highest caliber; and
WHEREAS, it is always a pleasure to congratulate a man who has served honorably and well in a position which requires a person possessing the highest capabilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby extends its sincerest con gratulations to the Honorable John A. Carley for his twenty-seven years of excellent service as Clerk of the Superior Court of Troup County.
BE IT FURTHER RESOLVED that the Clerk is hereby instructed to transmit a copy of this Resolution to the Honorable John A. Carley, LaGrange, Georgia.

HR 67. By Mr. Smith of the 43rd:
A RESOLUTION
Authorizing the Georgia Medical Association and the Georgia State Nurses Association to provide certain medical service; and for other purposes.
WHEREAS, medical service will be provided to the members of the General Assembly during the 1969 Session; and
WHEREAS, there will be a doctor, who is a member of the Georgia Medical Association, and a nurse, who is a member of the Georgia State Nurses Association, available on the fourth floor of the State Capitol to administer said medical service; and
WHEREAS, said medical service will be administered at no expense to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby authorize the

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Georgia Medical Association and the Georgia State Nurses Association to administer medical service at the State Capitol during the 1969 Ses sion of the General Assembly.

BE IT FURTHER RESOLVED that this body does hereby express its appreciation to the Georgia Medical Association and the Georgia State Nurses Association for rendering said medical service.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to transmit an appropriate copy of this Resolution to the President of the Georgia Medical Association and the President of the Georgia State Nurses Association.

HR 68. By Mr. Wamble of the 69th:
A RESOLUTION
Commending Bill Stanfill; and for other purposes.
WHEREAS, Bill Stanfill, the outstanding defensive tackle of the University of Georgia football team, has just completed one of the most distinguished careers for an athlete at the University of Georgia; and
WHEREAS, during his three years as a varsity starter for the Bulldogs, he has acquired the following honors and recognitions:
Winner of the Outland Award as the best interior lineman in the country; Look Magazine All-America; NBA All-America; American Football Coaches Association All-America; UPI AllAmerica; New York Daily News All-America; UPI All-SEC; As sociated Press All-SEC; Associated Press All-America; All-America Bowl Game, Tampa, Florida; Senior Bowl Game, Mobile, Alabama; Football News All-America; Central Press All-America; Walter Camp All-America; Sporting News Magazine All-America; Time Magazine All-America; All-South Football Team, named by the Commercial Appeal, Memphis, Tennessee; Lineman of the Year in the SEC, Birmingham News; Alexander Award--Outstanding Line man of the SEC--presented by the Atlanta Touchdown Club; AllSEC Academic Team; and
WHEREAS, prior to coming to the University of Georgia, Bill was an outstanding three-letter athlete at Cairo High School; and
WHEREAS, while at Cairo High School, Bill led his football team to one Sub-Region Championship and two Region AA Championships, led the basketball team to its second place in the Region 1 AAA and in 1965 State AA Championship, and in track to a State AA Champion ship, State second place finish and third place finish; and
WHEREAS, the athletic prowess of Bill Stanfill is recognized

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throughout the nation as one of this year's most outstanding athletes; and

WHEREAS, Bill Stanfill's coaches have characterized his play in the following manner:

"Bill combines size, speed, great range, and quickness to be one of the great linemen of today. He has the rare combination of playing consistently good ball and also being able to come up with the 'big' play every game."; and

WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements of this fine athlete of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Bill Stanfill its warmest and most heartfelt congratulations upon the completion of an outstanding athletic career in the State of Georgia, and does hereby wish to him every success for his professional career.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Bill Stanfill.

HR 69. By Messrs. Potts, Blalock, Ware and Mullinax of the 30th:
A RESOLUTION
Commending the Honorable A. Lamar Potts, recently retired Sheriff of Coweta County; and for other purposes.
WHEREAS, the marvelous County of Coweta has been singled out and praised, in many instances over the years, for its efficient, effective and just law enforcement; and
WHEREAS, the person most responsible for effectuating the law enforcement policies of Coweta County over the past one-third of a century is the Honorable A. Lamar Potts; and
WHEREAS, the Honorable A. Lamar Potts retired as the Sheriff of Coweta County on January 1, 1969, after thirty-two active and distinguished years of service; and
WHEREAS, the members of this Body wish to commend him for conducting himself according to the highest moral and ethical prin ciples.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable

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A. Lamar Potts for his thirty-two years of distinguished service as Sheriff of Coweta County.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Honorable A. Lamar Potts, Newnan, Georgia.

HR 70. By Messrs. Potts, Mullinax, Blalock and Ware of the 30th:
A RESOLUTION
Commending Miss Louise Sledge, recently retired Ordinary of Heard County; and for other purposes.
WHEREAS, Miss Louise Sledge, one of the finest members of the weaker sex, demonstrated her strength of character and ability as Ordinary of Heard County for thirty-two years; and
WHEREAS, Miss Louise Sledge retired on January 1, 1969, after nearly one-third of a century of dedicated service to the residents of Heard County; and
WHEREAS, the members of this Body are privileged to be able to commend Miss Sledge for her adherence to the highest ethical and moral principles during her long and active tenure.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Miss Louise Sledge for her years of service as Ordinary of Heard County, and further, this Body hopes that Miss Sledge will be equally successful in her new endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Miss Louise Sledge, Franklin, Georgia.

HR 71. By Messrs. Gary and Lee of the 21st and Barber of the 15th:
A RESOLUTION
Expressing sympathy at the passing of Mrs. J. O. Jones; and for other purposes.
WHEREAS, on Friday, January 17, 1969, Mrs. J. O. Jones of Clayton County passed away; and
WHEREAS, Mrs. Jones was the sister of our distinguished col league, Representative Lamar Dailey Northcutt; and

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WHEREAS, Mrs. Jones was a dedicated housewife and mother and was widely known and held in the highest esteem by the citizens of her community.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby express their sincerest sympathy to Representative Lamar Dailey Northcutt and to other members of the family of Mrs. J. O. Jones.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the family of Mrs. J. O. Jones and to Representative Lamar Dailey Northcutt.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Industrial Relations:

HB 26. By Messrs. Bennett, Barfield and Reaves of the 71st, Lee of the 61st and Bowen of the 47th:
A Bill to be entitled an Act to amend Code Section 114-112, relating to the liability of principal, intermediate, or sub-contractor, so as to pro vide the extent of liability of the principal, intermediate, and sub contractor; and for other purposes.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 14. By Messrs. Henderson, McDaniell, Wilson, Housley, Kreeger and Burruss of the 117th, Murphy of the 19th and others:
A Bill to be entitled an Act to amend Code Section 13-201.1 relating to certain definitions as used in Title 13 known as the "Banking Law", as amended, so as to change the provisions relating to the term "vil lage"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Battle Bell Berry Bohannon Bond Brantley, H. H. Buck Burruss Gates Cole Collins, S. Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dent Egan Ellis Ezzard Farrar Floyd Funk

Gary Gaynor Geisinger Hale Hamilton Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Horton Housley Hutchinson Jones, Herb Jordan, H. S. Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Leonard Le vitas Marcus Mason Matthews, D. R.
Maxwell McDaniell Merritt

Miles Miller Moore Morris Muruhy Nash Odom Pafford Paris Parker, C. A. Patterson Phillips, G. S. Pinkston Rowland Shanahan Sherman Simkins Sims Smith, V. T. Sorrells Thorn ason Thompson, A. W. Vaughn Wamble Whaley Wilson

Those voting in the negative were Messrs.

Anderson Bennett Black Blalock Bostick Bo wen Brantley, H. L. Bray Brooks Brown, C. Games Cato Clarke Collier Collins, M. Colwell Conger Conner Dailey Daugherty Dixon

Dorrniny Douglas Edwards Evans Floyd, J. H. Graves Hadaway Harrington Harris, J. F. Harrison Hill, G. Holder Howell Johnson Joiner Jones, M. Jordan, G. Keen Keyton Lambert Lane, W. J.

Lee, W. S. Longino Matthews, C. Mauldin Milford Mullinax Nessmith Northcutt Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Rush Russell Salem

Scarborough Scarlett Smith, J. R. Sweat

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215

Thompson, R. Toles Ware Wheeler, Bobby

Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Barfield Brown, B. D. Busbee Caldwell Chandler Cooper Crowe Dean, N. DeLong Dickinson Dodson Pallin

Farmer Gignilliat Grahl Gunter Hargrett Hood Hudson Jones, C. M. Knapp Lewis Lowrey McClatchey

McCracken Melton Moate Nunn Peterson Ross Shepherd Snow Townsend Westlake Mr. Speaker

On the passage of the Bill, the ayes were 83, nays 75.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Henderson 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 constitu tional majority to HB 14.

Messrs. Cooper of the llth and Lewis of the 37th stated that they had been called from the floor of the House when the roll was called on HB 14, but had they been present, would have voted "nay".

Leave of absence was granted to Mr. Busbee of the 61st because of illness.

Mr. Jones of the 59th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, January 22, 1969

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. Jack Chellew, Pastor, Virginia Avenue Baptist Church, Atlanta, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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 uneontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

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217

HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd:
A Bill to be entitled an Act to provide the procedure for the consideration of the General Appropriations Bill by the House of Representatives; and for other purposes.
Referred to the Committee on Appropriations.

HB 143. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Building Authority (Hospital) to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 144. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Deposi tories, so as to authorize the State Depository Board to name and appoint as State Depositories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 145. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Building Authority (Penal) to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have con structed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 146. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Education Authority (University), to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 147. By Mr. Pafford of the 64th: A Bill to be entitled an Act to authorize and direct the Georgia Education

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Authority (Schools) to adopt a standard architectural plan lor each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 148. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 149. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of the sheriff of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 150. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 151. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 152. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide that persons having twenty or more years of service shall be entitled to become members of the system upon attaining the age of 65 years; and for other purposes.
Referred to the Committee on Judiciary.

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219

HB 153. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide that certain current members shall be entitled to prior service provided they apply for said credit within 90 days after the effective date of this Act; and for other purposes.
Referred to the Committee on State of Republic.

HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the lllth, Marcus of the 105th and others.
A Bill to be entitled an Act to amend the Act providing that cities hav ing a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension bene fits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 155. By Messrs. Horton and Hawes of the 95th, Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Nunn of the 41st and others:
A Bill to be entitled an Act to amend Code Section 46-208 relating to exemptions of wages from the process of garnishment, so as to change the exemption of wages; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 156. By Messrs. Horton, Pelton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th, Lane of the 101st, Marcus of the 105th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
Referred to the Committee on Education.

HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A bill to be entitled an Act to amend an Act creating a board of com missioners of Heard County, so as to change compensation of commis sioners and to provide them with an expense allowance; and for other purposes.
Referred to the Committee on Local Affairs.

HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A Bill to be entitled an Act to amend an Act placing the sheriff of

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Heard County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.
Referred to the Committee on Local Affairs.

HB 160. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and fire men's retirement and disability pensions; and for other purposes.
Referred to the Committee on Local Affairs.

HB 161. By Messrs. Ro-wland of the 42nd, Parker of the 68th, Farmer of the 16th, Brantley of the 52nd, Bostick of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 47-107, relating tothe salary, expenses and allowances of members of the General Assembly, so as to change the expense allowance of the members of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on cor porations and individuals; and for other purposes.
Referred to the Committee on Ways and Means.

HB 163. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 38-2111, relating to' the refusal to make discovery and the consequences thereof, so as to provide for reasonable attorneys' fees for delay in answering interroga tories under certain circumstances; and for other purposes.
Referred to the Committee on Judiciary.

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221

HB 164. By Messrs. Alexander of the 108th and Horton of the 95th:
A Bill to be entitled an Act to amend Title 46 of the Code of Georgia, relating to garnishment, so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; and for other purposes.
Referred to the Committee on Judiciary.

HB 165. By Messrs. Alexander of the 108th and Horton of the 95th:
A Bill to be entitled an Act to provide for investigation of persons con victed of crimes, the sentence for which may include commitment for three or more years or which are classified as "sex crimes" as that term is defined herein; and for other purposes.
Referred to the Committee on Judiciary.

HB 166. By Messrs. Lee, Gary and Northcutt of the 21st.
A Bill to be entitled an Act to amend an Act providing the duties of Judges emeritus of superior courts, so as to provide that superior court judges in counties with a population between 46,000 and 47,000 may request any judge emeritus of the superior court of this State to serve in the superior court of such county; and for other purposes.
Referred to the Committee on Judiciary.

HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating a board of commis sioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.
Referred to the Committee on Local Affairs.

HB 180. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act amending an Act incorporat ing the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 181. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to delete the authority of the Commissioner of Agriculture to impose an inspection fee on eggs; and for other purposes.
Referred to the Committee on Agriculture.

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HB 182. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to provide for prior service credit for members of retirement systems of governmental subdivisions; and for other purposes.
Referred to the Committee on State of Republic.

HB 183. By Messrs. Davis of the 86th and Williams of the llth:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that no passenger vehicle shall be operated in this state on which certain devices have been installed to raise or lower the height of said vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax com missioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.
Referred to the Committee on State of Republic.

HR 72-184. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Paul Cochran; and for other purposes.
Referred to the Committee on Appropriations.

HR 73-184. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Glen Widdows; and for other purposes.
Referred to the Committee on Appropriations.

HR 74-184. By Mr. McCracken of the 36th:
A Resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville) ; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 75-184. By Messrs. Harris of the 67th and Nessmith of the 44th: A Resolution authorizing and directing the Attorney General to conduct

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223

a pilot title analysis to determine the legal owners of a tract of coastal marshlands in each one of the coastal counties of Georgia; and for other purposes.
Referred to the Committee on Natural Resources.

HR 76-184. By Messrs. Lee, Gary and Northcutt of the 21st:
A Resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Clayton County to levy a tax not exceeding one-fourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in promoting, assisting and encouraging the location of industries in said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 185. By Messrs. Murphy of the 19th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.
Referred to the Committee on State of Republic.

HB 186. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act establishing the "Employees' Retirement System of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton and Gates of the 95th, Marcus of the 105th, Hood of the 99th and others:
A Bill to be entitled 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 188. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality in

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this State to levy any tax not prohibited by the Constitution other than a sales or use tax or tax upon wages; and for other purposes.
Referred to the Committee on Ways and Means.

HB 189. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating a system of pensions, and retirement pay for officers, deputies and employees of DeKalb County, so as to change the provisions of Section 7, relating to the definition of officers, employees and deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 190. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that the salary of the District Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary:

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th and Lewis of the 37th:
A Bill to be entitled an Act to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

Referred to the Committee on State of Republic.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 192. By Messrs. Roach, Harris and Poole of the 10th:
A Bill to be entitled an Act to provide an operating expense allowance for the District Attorney of the Blue Ridge Judicial Circuit which shall be payable from the funds of the counties comprising said circuit; and for other purposes.
Referred to the Committee on Judiciary.

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225

HB 193. By Mr. Lowrey of the 9th:
A Bill to be entitled an Act providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A Bill to be entitled an Act establishing a retirement system for teachers in the State public schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain require ments; and for other purposes.
Referred to the Committee on Education.

HB 195. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been members of the Teachers' Retirement System, shall be eligible to reestablish membership in said retirment system; and for other purposes.
Referred to the Committee on Education.

HB 196. By Messrs. Atherton, Burruss, Kreeger and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to provide for a retirement plan for police men and firemen of the City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 197. By Messrs. Barber of the 15th, Gunter of the 6th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers, so as to change the minimum floor for those persons who retired on or before July 1, 1961; and for other purposes.
Referred to the Committee on Education.

HB 198. By Messrs. Nessmith of the 44th, Lane of the 44th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State public schools . . . .", so as to provide that the Board of Trustees of said system shall be required to make available semi-annually such funds as

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the income of the State will allow to the retirement structure for all retired members until a minimum floor of $5 per month for each year of service up to 40 years is reached; and for other purposes.
Referred to the Committee on Education.

HB 199. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employ ment of retired members; and for other purposes.
Referred to the Committee on Education.

HR 77-199. By Messrs. Barber of the 15th and Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law increases in the retire ment allowances now being paid to all beneficiaries under the Teachers' Retirement System of Georgia, without respect to date of retirement, etc., to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.

HB 204. By Mr. Henderson of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to provide for the number of Assistant District Attorneys that may be employed by the District Attorney; to provide for compen sation of the District Attorney and Assistant District Attorney; and for other purposes.
Referred to the Committee on Local Affairs.

HB 205. By Mr. Conner of the 56th:
A Bill to be entitled an Act to provide for a secretary for each judge of the Superior Courts of the Brunswick Judicial Circuit; to provide for the procedure connected therewith; to repeal an Act providing for a secre tary for one judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A Bill to be entitled an Act to provide for the compensation and expenses of the State Auditor; and for other purposes.
Referred to the Committee on State of Republic.

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227

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time :

HB 112. By Mr. Harris of the 77th:
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 increasing of death benefits in the amount of $500.00; and for other purposes.

HB 113. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Georgia Code 15-105 to extend boundary between Georgia and Florida from the mouth of St. Marys River to the seaward limit of Georgia; and for other purposes.
HB 114. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from mouth of River Savannah to seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.

HB 115. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Georgia Code 15-101 so as to conform same to the presently existing boundaries of this State; and for other purposes.
HB 116. By Messrs. Barber of the 15th, Smith of the 43rd, Lane of the 44th, Parker of the 44th, Jordan of the 74th, Mrs. Hamilton of the 112th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.

HB 117. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.

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HB 118. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.

HB 119. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Section 91-104, Code of Georgia of 1933, relating to the legal and beneficial ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the management of property acquired for future highway purposes are retained by the Highway Department; and for other purposes.

HB 120. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.

HB 121. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.

HR 49-121. By Mr. Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to pro vide that when determining just and adequate compensation for the purposes of eminent domain proceedings, etc.; and for other purposes.

HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th, DeLong of the 80th, Gunter of the 6th, Dean of the 19th, Bennett of the 71st, Bostick of the 63rd, Cato of the 68th, Matthews of the 16th and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.

HB 123. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act placing the clerk of the

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229

superior court and ordinary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; and for other purposes.

HB 124. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compen sating the deputy sheriffs; and for other purposes.

HB 125. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compen sating the assistant to the tax commissioner; and for other purposes.

HR 50-125. By Messrs. Higginbotham and Davis of the 75th:
A Resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation for State, county, municipal and school purposes; and for other purposes.

HR 51-125. By Messrs. Levitas of the 77th, Egan of the 116th, Lee of the 61st, Jones of the 84th, Farrar of the 77th, Bostick of the 63rd, Odom of the 61st, Farmer of the 16th and Higginbotham of the 75th:
A Resolution proposing an amendment to the Constitution, so as to delete therefrom the allocation of the proceeds of the motor fuel tax for the purpose of providing and maintaining a system of public roads and bridges; and for other purposes.

HR 52-125. By Mr. DeLong of the 80th:
A Resolution compensating Bill Jones Dodge City, Inc.; and for other purposes.

HB 126. By Mr. Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensation of the Chairman of said Board of Commissioners; and for other purposes.

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HB 127. By Mr. Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.

HB 128. By Mr. Lane of the 101st:
A Bill to be entitled an Act to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.

HR 53-128. By Mr. Phillips of the 50th:
A Resolution compensating Mr. Herman Robinson and Mr. C. O. Innis; and for other purposes.

HR 54-128. By Mr. Joiner of the 35th:
A Resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.

HR 55-128. By Mr. Joiner of the 35th: A Resolution compensating Mr. Prank Flanders; and for other purposes.

HR 56-128. By Messrs. Smith, Cole and Leonard of the 3rd:
A Resolution compensating Mrs. Louise R. Warren; and for other purposes.

HR 57-128. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution compensating Mr. E. M. Moss; and for other purposes.

HB 129. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.

HB 130. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to supplement the salaries of the judges of

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231

the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.

HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th, Longino of the 98th, Lane of the 101st, Marcus of the 105th and others:
A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, etc. shall be paid directly to the county treasurer or the officer or institution performing the duties of the county treasurer; and for other purposes.

HB 132. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend Code Chapter 56-30 relating to individual accident and sickness insurance, so as to provide that no such policies should be cancelled until or unless the named insured shall have been informed that he has a 15 day grace period in which to pay any overdue premium; and for other purposes.
HB 133. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to grant a possessory lien in favor of any persons, firm or corporation who or which alters or repairs any motor vehicle at the request of the owner or person in legal possession thereof; and for other purposes.
HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.

HB 135. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor, for the procurement of lands, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.

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HB 136. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now the "Em ployment Security Law"), so as to extend the time for the expendi ture of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.

HR 61-136. By Mr. Bray of the 31st:
A Resolution compensating Mr. Richard Floyd Perry; and for other purposes.

HR 62-136. By Messrs. Burruss, McDaniell, Wilson, Kreeger, Atherton, Housley and Henderson of the 117th:
A Resolution pertaining to Uniform Time; and for other purposes.

HR 63-136. By Messrs. Brown and Melton of the 32nd, Mrs. Merritt of the 46th, Messrs. Egan of the 116th and Townsend of the 115th:
A Resolution authorizing the creation and placement of a marble bust of Margaret Mitchell; and for other purposes.

HB 137. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to provide an expense allowance for the District Attorney of the Ocmulgee Judicial Circuit; and for other purposes.

HB 138. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.

HB 139. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the "Georgia Civil Practice Act", so as to provide that execution upon a judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.

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233

HR 64-139. By Mr. Carnes of the 104th:
A Resolution to amend a Resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. L. 1968, p. 1170), providing compensation for two juvenile court judges who are on the Commission that were appointed by said committee; and for other purposes.

HB 140. By Messrs. Dixon of the 65th, Leonard of the 3rd, Pafford of the 64th, Brown of the 32nd and others:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, as amended, so as to increase the time within which certain vehicles must be registered and a license plate required; and for other purposes.

HB 141. By Messrs. Farrar of the 77th, DeLong of the 80th, Hood of the 99th, McDaniell and Wilson of the 117th, Reaves of the 71st, Barber of the 15th and many others:
A Bill to be entitled an Act to create a new and entirely separate retirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.

HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Authority; and for other purposes.

HB 169. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools, and other State supported schools . . . ", so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years; and for other purposes.

HB 170. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to reduce the number of days a member in service must wait after filing notice; and for other purposes.

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HB 171. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable com pensation" shall include the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.

HB 172. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating the "Georgia State Scholarship Commission", so as to increase the amount of the surety bond required of the Executive Director of the Commission; and for other purposes.

HB 173. By Messrs. Barber of the 15th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public School; and other State Supported Schools ....", so as to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age 62 years; and for other purposes.

HB 174. By Mr. Barber of the 15th:
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 benefit changes; and for other purposes.

HB 175. By Messrs. Barber of the 15th and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.

HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating the "Georgia Higher Education Assistance Committee", so as to confer upon the Committee additional powers; and for other purposes.

HB 177. By Messrs. Colwell of the 5th, Felton of the 95th, Moore of the 6th, Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-510 relating to

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235

the compensation of the State Superintendent of Schools, so as to change said compensation; and for other purposes.

HB 178. By Messrs. Brown of the 32nd and Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing a Retirement System for teachers in the State Public Schools, so as to provide that any member of the system may take a leave of absence from teaching in order to pursue further academic degrees, and he shall receive credit for such time spent in pursuing further degrees; and for other purposes.

HB 179. By Messrs. Bunter of the 6th, Lambert of the 25th, Harris of the 77th, Busbee of the 61st, Jones of the 59th, Sorrells of the 24th, Vaughn of the 74th, Hale of the 1st:
A Bill to be entitled an Act reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.
SB 8. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; and for other purposes.

SB 11. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopted person; and for other purposes.
SB 13. By Senators Carter of the 14th, Stephens of the 36th, Andrews of the 49th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.

SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st and others:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holidays; and for other purposes.

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Mr. Smith of the 3rd, 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 62. Do Pass.
HB 74. Do Pass.
HB 83. Do Pass.
Respectfully submitted, Smith of the 3rd, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 2. Do Pass. HB 78. Do Pass. HB 79. Do Pass. HB 80. Do Pass. HB 94. Do Pass. HB 95. Do Pass. HB 96. Do Pass. HB 97. Do Pass.

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237

HB 105. Do Pass. HB 106. Do Pass. HB 110. Do Pass. HB 123. Do Pass.

HB 124. Do Pass. HB 125. Do Pass.

HB 126. Do Pass. HB 127. Do Pass. HB 129. Do Pass.

HB 130. Do Pass. HB 131. Do Pass. HB 134. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Conner of the 56th, Chairman of the Committee' on Insurance, sub mitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 17. Do Pass. HB 18. Do Pass by Substitute. HB 19. Do Pass by Substitute. HB 20. Do Pass.
Respectfully submitted, Conner of the 56th, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Pickard of the 84th, Chairman of the Committee on Industry, sub mitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

SB

17. Do Pass.

HR 62-136. Do Pass.

HR

16. Do Not Pass.

Respectfully submitted, Miller of the 83rd, Secretary.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee on Special Judiciary:

SR 7. By Senator Smalley of the 28th:
Proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Constitution and to provide for the continuation of previous Constitutional amend ments ; and for other purposes.

Mr. Henderson of the 117th asked unanimous consent that the House re consider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 14. By Messrs. Henderson, McDaniell, Wilson, Housley, Kreeger, Burruss and Atherton of the 117th, Murphy of the 19th and others:
A Bill to be entitled an Act to amend Code Section 13-201.1 relating to certain definitions as used in Title 13 known as the "Banking Law", so as to change the provisions relating to the term "village"; and for other purposes.

The consent was granted, and HB 14 was reconsidered.

WEDNESDAY, JANUARY 22, 1969

239

The Speaker Pro Tern assumed the Chair.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A Bill to be entitled an Act to amend an Act creating a charter for the Town of Rincon, as amended, so as to provide for the election of a Recorder and the appointment of a recorder pro tern; and for other purposes.

The report 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 79. By Messrs. Evans Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc.", so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system to become members and participate therein; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st, Dodson of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to Reenact the Charter of the City of Macon contained in the act ap-

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proved August 17, 1941, etc.", so as to extend the city limits of the City of Macon; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 94. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Habersham County, as amended, so as to change the name of said court to the Civil and Criminal Court of Habersham 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 95. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to fix the compensation of the Clerk of the Superior Court of Habersham 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 96. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to change the method of choosing sue-

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241

cessors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 97. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to abolish the present mode of com pensating the Ordinary of Habersham County, known as the fee system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st: A Bill to be entitled an Act to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 106. By Messrs. Lane of the 101st, Winkles of the 96th, Horton of the 95th, Adams of the 100th, Hood of the 99th, Cook of the 95th, Daugherty

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JOURNAL OF THE HOUSE,

of the 109th, Brantley of the 114th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of The Board of Education of Fulton County," so as to clarify the wording of the formula provided in the amendment approved March 4th 1966 for computing a refund of a portion of the employees contributions in certain cases; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 110. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax com missioner and to change the method for determining his salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 2. By Sen. Abney of the 53rd:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, as amended, so as to change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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243

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the fol lowing Resolution of the Senate, to-wit:

SR 7. By Senator Smalley of the 28th:
Proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Constitution and to provide for the continuation of previous Constitutional amendments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 78. By Messrs. Northcutt, Lee and Gary of the 21st:
A RESOLUTION
Commending the Forest Park Parade Majorettes; and for other purposes.
WHEREAS, the Forest Park Parade Majorettes were formed in January, 1968; and
WHEREAS, they were selected the "1968 Georgia Junior Juvenile State Champions" at Columbus; and
WHEREAS, they were voted the "Masters Parade Corps Cham pions" at Augusta in April, 1968; and
WHEREAS, they were designated the "Heart of Dixie Parade Corps Champions" at Birmingham, Alabama, in July, 1968; and
WHEREAS, they were chosen as the "Southeastern Fair Parade Corps Champions" at Atlanta in September, 1968; and

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WHEREAS, they were the "Georgia Open Junior and Juvenile Parade Corps Winners" at Columbus in November, 1968; and

WHEREAS, they have marched in several Clayton County parades and performed for a number of football halftime shows; and

WHEREAS, they marched in the July 4, 1968 "Salute to America Parade" in Atlanta which was televised; and

WHEREAS, they have won a total of 7 first-place trophies; and

WHEREAS, this amazing feat has been accomplished within one year; and

WHEREAS, it is the desire of the members of this body to rec ognize this outstanding group of young people for their remarkable accomplishments and achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Forest Park Parade Majorettes for winning 7 first-place trophies during their first year of existence and for their excellent representation of the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to the Forest Park Parade Majorettes.

HR 79. By Messrs. Harris of the 77th, Hale of the 1st, Smith of the 43rd, Pickard of the 84th, Jones of the 84th and others:
A RESOLUTION
Commending the Honorable William Burton Steis; and for other purposes.
WHEREAS, the Honorable William Burton Steis served as an esteemed and distinguished member of the General Assembly of Geor gia for 12 years; and
WHEREAS, during his outstanding career as a legislative leader of this State, William Burton Steis demonstrated a unique awareness and ability to master the legislative process; and
WHEREAS, during his 12 years of service in the Georgia General Assembly, he was the author, sculptor and benefactor of many far reaching programs which, in years to come, will prove to be of invaluable assistance to the citizens of the State of Georgia; and
WHEREAS, William Burton Steis was regarded by his colleagues

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245

in both the House and Senate and his many friends and acquaintances in State government as one of the most outstanding leaders of State government to have devoted his considerable time and energies to the welfare of the people of the State of Georgia in recent times.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby extend to the Honor able William Burton Steis, a most distinguished citizen of the State of Georgia, its most heartfelt and sincere commendation for his magni ficent display of selfless devotion to service in his endeavors to serve the people of his county, region and State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable William Burton Steis.

HR 80. By Messrs. Smith of the 43rd, Conner of the 56th, Northcutt of the 21st, Longino of the 98th, Howell of the 60th and others:
A RESOLUTION
Expressing regret at the passing of Honorable Alien LaRue Parrish, Sr.; and for other purposes.
WHEREAS, on Tuesday, January 21, 1969, our former colleague, Honorable Alien LaRue Parrish, Sr., passed away; and
WHEREAS, he served with honor and distinction as a member of the House of Representatives from 1966 through 1968; and
WHEREAS, he was a native of Cook County and the son of Honorable Homer LaRue Parrish, who was the first member of the House of Representatives to represent Cook County after its creation in 1918; and
WHEREAS, he received his LL.B. degree and a B.S. degree in Commerce from Mercer University in 1929; and
WHEREAS, he was well known and greatly respected in his com munity as a prominent banker and businessman; and
WHEREAS, he had a great interest in civic, governmental and educational affairs and served his County as Superintendent of Schools for many years and was the president and a member of many civic organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regrets at the passing of Honorable Alien LaRue Parrish, Sr., and extend their sincerest sympathy to the members of his family.

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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 the family of Honorable Alien LaRue Parrish, Sr.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 21. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, as amended, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Atherton Barber Battle Buck Cato Clarke Collier Collins, S. Colwell Conger Connell Conner Dailey Daugherty Davis, E. T. Dent Dodson Douglas Egan Ellis

Evans Felton Floyd, L. R. Funk Gaynor Gignilliat Graves Gunter Hawes Hill, B. L. Joiner Jones, C. M. Jones, M. Kreeger Lambert Le vitas Marcus McClatchey McCracken Miles Moate

Murphy Nunn Paris Peterson Phillips, G. S. Phillips, W. R. Pinkston Roach Rowland Scarborough Shepherd Sims Snow Thompson, A. W. Thompson, R.
Toles
Town send Wamble Williams

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247

Those voting in the negative were Messrs.:

Adams Anderson Bell Berry Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, C. Burruss Collins, M. Cook Crowe Dean, J. E. Dean, N. Dixon Edwards Ezzard Farmer Farrar Floyd, J. H. Gray Geisinger

Grahl Hadaway Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Horton Hudson Hutchinson Johnson Jones, Herb Jordan, G. Jordan, H. S. Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Matthews, D. R.

Mauldin Milford Miller Moore Morris Mullinax Nessmith Pafford Parker, C. A. Patterson Peters Phillips, L. L. Potts Rush Russell Salem Sherman Simkins Sorrells Sweat Thomason Ware Whaley Winkles

Those not voting were Messrs.:

Ballard Barfield Bennett Black Blalock Bond Bray
Brooks
Brown, R. D. Busbee
Caldwell Carnes
Gates Chandler Cole
Cooper
Davis, W.
DeLong
Dickinson Dorminy

Fallin Hale Hamilton Hargrett Harris, J. F. Henderson Hill, G. Housley
Howell Keen
Keyton Knapp
Lewis Lowrey Mason Matthews, C.
Maxwell
McDaniell
Melton
Merritt

Nash Northcutt Odom Parker, H. W. Pickard Poole Rainey Reaves
Ross Scarlett Shanahan
Smith, J. R. Smith, V. T.
Vaughn Westlake
Wheeler, Bobby
Wheeler, J. A.
Wilson
Wood Mr. Speaker

On the passage of the Bill, the ayes were 61, nays 72.

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The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. McClatchey of the 113th 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 21.

Mr. Wood of the llth, who was serving on the Ways and Means Committee when the roll call was ordered, wished to be recorded as voting "nay" on HB 21.

HB 75. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to provide that it shall be unlawful after January 1, 1972, for any person to serve in more than one elective public office for which compensation is paid out of public funds; and for other purposes.

The following amendment was read and adopted:
Mr. Nessmith of the 44th moves to amend HB 75 as follows:
By adding in the title before the words "to repeal conflicting laws", the words "to provide for exemptions", and by adding at the end of Section 1 the following:
"Provided, however, the provisions of this A.ct shall not apply to the District Soil and Water Conservation Supervisors."

Mr. Bostick of the 63rd moved that HB 75 and all amendments thereto be tabled.

The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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249

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bell Berry Black Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Cato Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Conner Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dodson Douglas Ellis Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves

Gunter Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Moate Moore Morris

Mullinax Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, W. R. Pickard Poole Reaves Roach Ross Rowland Rush Salem Shanahan Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Atherton Barfield Bennett Bostick Bowen

Burruss Dean, N. Edwards Egan Evans

Farmer
Floyd, J. H. Harrison Hutchinson Johnson

250
Jordan, H. S. Keen Leonard McCracken

JOURNAL OF THE HOUSE,

Murphy Phillips, G. S. Phillips, L. L. Pinkston

Russell Scarborough Townsend

Those not voting were Messrs.:

Blalock Brantley, H. H. Brooks Busbee Caldwell Games Gates Cole Cook Cooper Daugherty DeLong

Dickinson Dorminy Ezzard Fallin Grahl Hale Hargrett Hill, G. Keyton Knapp Lewis Mason

Melton Miller Nash Potts Rainey Scarlett Shepherd Smith, V. T. Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 133, nays 26.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Messrs. Potts of the 30th and Rainey of the47th stated that they had been called from the floor of the House when the roll was called on HB 75, as amended, but had they been present would have voted "aye".
HB 69. By Messrs. Pelton of the 95th, Harris of the 67th, Buck of the 84th, Bray of the 31st and others:
A Bill to be entitled an Act to provide that a driver or operator of a motor vehicle or airplane shall owe to a guest passenger thereof the duty to exercise ordinary care; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander

Anderson Atherton

Ballard Barber

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251

Battle Bell Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. L. Bray Brown, B. D. Buck Caldwell Games Cato Clarke Collier Collins, M. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Douglas Edwards Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gei singer Gignilliat Grahl Graves Gunter Hadaway

Hamilton Hargrett Harrington Harris, J. F. Harris, J. H. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Milford Moate Moore

Mullinax Murphy Nash Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Brantley, H. H. Brooks Brown, C. Burruss

Collins, S. Dean, J. E. Dodson Odom

Sherman Townsend

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Those not voting were Messrs.:

Barfield Bennett Busbee Gates Chandler Cole Cook Cooper DeLong Dickinson Dorminy

Egan Fallin Floyd, J. H. Gaynor Hale Hill, G. Johnson Joiner Jordan, C. Knapp Lewis

Melton Miles Miller Morris Nessmith Scarlett Smith, V. T. Thompson, A. W. Wamble Westlake Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 10.

The Bill, having received the requisite constitutional majority, was passed.

HB 30. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Code Revision Council, as amended, so as to change the composition of the Code Revision Council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Caldwell Games Gates Cato Clarke Collier Collins, M.

Collins, S. Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dodson Douglas Egan

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253

Ellis Evans Ezzard Farrar Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Hamilton Harg-rett Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.

Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Miller Moate Morris Mullinax Nash Northcutt Odoni Pafford Paris Patterson Peters Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pinkston;
Poole Potts Reaves Roach Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Town send Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

Those voting in the negative were Messrs.:

Farmer Milford

Moore

Parker, C. A.

Those not voting were Messrs.:

Barfield Bennett Bowen Brooks Busbee Chandler Cole Colwell Cook Cooper

Dean, N. DeLong Dickinson Dixon Dorminy Edwards Fallin Felton Floyd, J. H. Grahl

Gunter Had away Hale Harrington Harrison Lane, W. J. Lewis Maxwell Melton Miles

254
Murphy Nessmith Nunn Parker, H. W. Peterson

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Pickard Rainey Ross Scarlett

Thompson, A. W. Wamble Wood Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 4.

The Bill, having received the requisite constitutional majority, was passed*

Messrs. Wood of the llth and Dixon of the 65th, who were called from the floor of the House for a meeting of the Committee on Ways and Means, stated that they wished to be recorded as voting- "aye" on the passage of HB 30.

Leave of absence was granted to Mr. Busbee of the 61st because of illness.

Mr. Jones of the 59th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjuorned until 10:00 o'clock, tomorrow morning.

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255

Representative Hall, Atlanta, Georgia Thursday, January 23, 1969

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. Bob Baggott, Jr., Pastor, First Baptist Church, Newnan, Georgia:
"Eternal God--these men and women need so to break the chains of dullness and be freed to move creatively with the rhyme and rhythm of life. This morning they need to know that in thy presence fear be comes strength; worry becomes peace; loneliness becomes companion ship; hate becomes love and doubt becomes knowledge.
"Remind them that it was not the fearful and the soft who made this State great--but the articulate and the courageous who changed a wilderness into a mighty democracy.
"Strengthen them to respond to thy prompting this day in love and service to Thee and to others. In the Spirit of Christ we pray,
AMEN."

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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.

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4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 200. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 201. By Messrs. Longino of the 98th and Brown of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to remove the provision relating to the delivery to the State Revenue Commissioner of the manufacturer's serial plate from wrecked or salvaged vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 202. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to provide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.
Referred to the Committee on Education.

HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th, Brantley of the 52nd, Parker of the 46th, Farrar of the 77th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining

THURSDAY, JANUARY 23, 1969

257

local units of administrations' share of the cost of supporting the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Education.

HB 206. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 207. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensa tion of the chief deputy; and for other purposes.
Referred to the Committee on Local Affairs.

HB 208. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, 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 209. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 210. By Mr. Conner of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 211. By Messrs. Westlake of the 75th and Farmer of the 16th:
A Bill to be entitled an Act to repeal Code Chapter 47-10, relating to lobbying; and for other purposes.
Referred to the Committee on Industry.

HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd, Egan of the 116th, Lambert of the 25th, Levitas of the 77th, Nessmith of the 44th, Whaley of the 93rd and others:
A Bill to be entitled an Act to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for violations; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 213. By Messrs. Farmer of the 16th, Brown of the 110th, Hill of the 94th, Thompson of the 85th and Alexander of the 108th:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of local school systems; to provide for exceptions, definitions, transfer from one system to another, etc.; and for other purposes.
Referred to the Committee on Education.

HB 215. By Messrs. Cato of the 68th, Edwards of the 45th, Matthews of the 63rd, Knowles of the 22nd, Parker of the 46th, Moate of the 28th, Ballard of the 23rd, Sorrells of the 24th and others:
A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; and for other purposes.
Referred to the Committee on Industry.

HB 216. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th, Evans of the 81st, Nunn of the 41st and others:
A Bill to be entitled an Act to abolish the fee system of compensating the clerk of the superior court, ordinary, tax receiver, tax collector of tax commissioner of the various counties in this State, and the clerk and solicitor of any city or county court; and for other purposes.
Referred to the Committee on Judiciary.

HB 217. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th, Sherman of the 80th, Evans of the 81st, Nunn of the 41st and others:
A Bill to be entitled an Act to amend Code Section 24-2727, relating

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259

to the fees of clerks of the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; and for other purposes.
Referred to the Committee on Judiciary.

HB 218. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regula tions for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 219. By Messrs. Farmer of the 16th, Thompson of the 85th, Thompson of the 86th and Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that certain public officials shall not be competent to serve as grand jurors while serving as such officials; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HR 81-219. By Messrs. Brown of the 32nd and Townsend of the 115th:
A Resolution creating the Joint House-Senate State-owned Liquor Store Study Committee; and for other purposes.
Referred to the Committee on Temperance.

HR 82-219. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th:
A Resolution creating the Georgia Coastal Islands Study Committee; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 83-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Ben W. Butts; and for other purposes.
Referred to the Committee on Appropriations.

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HR 84-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Buford Little; and for other purposes.
Referred to the Committee on Appropriations.

HR 85-219. By Mr. Lowrey of the 9th:
A Resolution compensating the Ransom Floral Company; and for other purposes.
Referred to the Committee on Appropriations.

HB 220. By Messrs. Thomason of the 77th, Jones and Buck of the 84th: A Bill to be entitled an Act to amend Code Chapter 76-2, relating to the issuance of warrants and the requirements of bonds to keep the peace, so as to repeal said Code Chapter in its entirety; and for other purposes.
Referred to the Committee on Judiciary.
HB 221. By Messrs. Davis of the 86th and Williams of the llth: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to prohibit the installation of oversized tires on passenger vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd: A Bill to be entitled an Act to provide the procedure for the considera tion of the General Appropriations Bill by the House of Representa tives; and for other purposes.

HB 143. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Building Authority (Hospital) to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.

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261

HB 144. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend Code Section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, so as to authorize the State Depository Board to name and appoint as State Depositories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.

HB 145. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Building Authority (Penal) to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.

HB 146. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Educa tion Authority (University), to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.

HB 147. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to authorize and direct the Georgia Educa tion Authority (Schools) to adopt a standard architectural plan for each basic type of building the said Authority believes it will contract to have constructed in the future; to provide that bids shall be for all sums which the architect is to be paid; and for other purposes.

HB 148. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson County, known as the fee system; and for other purposes.

HB 149. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the sheriff of said county; and for other purposes.

HB 150. By Messrs. Cooper and Wood of the llth: A Bill to be entitled an Act to amend an Act creating the office of tax

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commissioner of Dawson County, so as to change the compensation of the tax commissioner of said county; and for other purposes.

HB 151. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.

HB 152. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide that persons having twenty or more years of service shall be entitled to become members of the system upon attaining the age of 65 years; and for other purposes.

HB 153. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide that certain current members shall be entitled to prior service provided they apply for said credit within 90 days after the effective date of this Act; and for other purposes.

HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the llth, Marcus of the 105th and others:
A Bill to be entitled an Act to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.

HB 155. By Messrs. Horton, and Hawes of the 95th, Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Nunn of the 41st and others:
A Bill to be entitled an Act to amend Code Section 46-208 relating to exemptions of wages from the process of garnishment, so as to change the exemption of wages; and for other purposes.

HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th, Lane of the 101st, Marcus of the 105th, Fulton of the 95th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.

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263

HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Heard County, so as to change compensation of com missioners and to provide them with an expense allowance; and for other purposes.

HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.

HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.

HB 160. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and fire men's retirement and disability pensions; and for other purposes.

HB 161. By Messrs. Rowland of the 42nd, Parker of the 68th, Farmer of the 16th, Brantley of the 52nd, Bostick of the 63rd and others:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the salary, expenses and allowances of members of the General Assem bly, so as to change the expense allowance of the members of the General Assembly; and for other purposes.

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

HB 163. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 38-2111, relating to the refusal to make discovery and the consequences thereof, so as to provide for reasonable attorneys' fees for delay in answering inter rogatories under certain circumstances; and for other purposes.

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HB 164. By Messrs. Alexander of the 108th and Horton of the 95th:
A Bill to be entitled an Act to amend Title 46 of the Code of Georgia, relating to garnishment, so as to exempt wages, salaries and commis sions of any person residing in this State from garnishment; and for other purposes.

HB 165. By Messrs. Alexander of the 108th and Horton of the 95th:
A Bill to be entitled an Act to provide for investigation of persons convicted of crimes, the sentence for which may include commitment for three or more years or which are classified as "sex crimes" as that term is defined herein; and for other purposes.

HB 166. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act providing the duties of Judges emeritus of superior courts, so as to provide that superior court judges in counties with a population between 46,000 and 47,000 may request any judge emeritus of the superior court of this State to serve in the superior court of such county; and for other purposes.

HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.

HB 180. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act amending an Act incorporat ing the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.

HB 181. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to delete the authority of the Commissioner of Agriculture to impose an inspection fee on eggs; and for other purposes.

HB 182. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to provide for prior service credit for mem bers of retirement systems of governmental subdivisions; and for other purposes.

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HB 183. By Messrs. Davis of the 86th and Williams of the llth:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that no passenger vehicle shall be operated in this state on which certain devices have been installed to raise or lower the height of said vehicle; and for other purposes.

HB 184. By Messrs. Wood, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to permit newly elected tax com missioners, tax collectors and tax receivers and all such officers who were elected subsequent to August 1, 1958 to avail themselves of certain retirement benefits; and for other purposes.

HR 72-184. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Paul Cochran; and for other purposes.
HR 73-184. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Glen Widdows; and for other purposes.

HR 74-184. By Mr. McCracken of the 36th:
A Resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville) ; and for other purposes.

HR 75-184. By Messrs. Harris of the 67th and Nessmith of the 44th: A Resolution authorizing and directing the Attorney General to conduct pilot title analysis to determine the legal owners of a tract of coastal marshlands in each one of the coastal counties of Georgia; and for other purposes.
HR 76-184. By Messrs. Lee, Gary and Northcutt of the 21st: A Resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Clayton County to levy a tax not exceeding one-fourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in promoting, assisting and encouraging the location of industries in said county; and for other purposes.
HB 185. By Messrs. Murphy of the 19th and Hale of the 1st: A Bill to be entitled an Act to amend an Act creating the Department of

266

JOURNAL OF THE HOUSE,

Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.

HB 186. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act establishing the "Em ployees' Retirement System of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employee's Retirement System of Georgia", shall as a matter of right be entitled to continue his membership in said system; and for other purposes.

HB 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th, Marcus of the 105th, Gates of the 95th, Hood of the 99th 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 188. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality in this State to levy any tax not prohibited by the Constitution other than a sales or use tax or tax upon wages; and for other purposes.

HB 189. By Mr. Harris of the 77th: A Bill to be entitled an Act to amend an Act creating a system of
pensions, and retirement pay for officers, deputies and employees of DeKalb County, so as to change the provisions of Section 7, relating to the definition of officers, employees and deputies; and for other purposes.

HB 190. By Mr. Harris of the 77th: A Bill to be entitled an Act to provide that the salary of the District
Attorney of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasuries of the counties comprising the Stone Mountain Judicial Circuit; and for other purposes.

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th and Lewis of the 37th:
A Bill to be entitled an Act to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members

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of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

HB 192. By Messrs. Roach, Harris and Poole of the 10th:
A Bill to be entitled an Act to provide an operating expense allowance for the District Attorney of the Blue Ridge Judicial Circuit which shall be payable from the funds of the counties comprising said circuit; and for other purposes.

HB 193. By Mr. Lowrey of the 9th:
A Bill to be entitled an Act providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.

HB 194. By Messrs. Grahl of the 40th and Barber of the 15th:
A Bill to be entitled an Act establishing a retirement system for teachers in the State public schools, so as to provide that certain members may be placed back into full retirement benefits upon meeting certain re quirements; and for other purposes.

HB 195. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, so as to provide that teachers who have been teaching in both a public school and a private school during the same school year, who have been members of the Teachers' Retirement System, shall be eligible to reestablish membership in said retirement system; and for other purposes.

HB 196. By Messrs. Atherton, Burrus, Kreeger and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to provide for a retirement plan for police men and firemen of the City; and for other purposes.

HB 197. By Messrs. Barber of the 15th, Gunter of the 6th and Lane of the 4th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers, so as to change the minimum floor for those persons who retired on or before July I, 1961; and for other purposes.

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HB 198. By Messrs. Nessmith of the 44th, Lane of the 44th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State public schools . . . .", so as to provide that the Board of Trustees of said system shall be required 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 $5 per month for each year of service up to 40 years is reached; and for other purposes.

HB 199. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Employees' Retirement System, so as to change the provisions relating to employ ment of retired members; and for other purposes.
HR 77-199. By Messrs. Barber of the 15th and Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law increases in the retirement allowances now being paid to all beneficiaries under the Teachers' Retirement System of Georgia, without respect to date of retirement, etc., to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 204. By Mr. Henderson of the 117th: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to provide for the number of Assistant District Attorneys that may be employed by the District Attorney; to provide for compen sation of the District Attorney and Assistant District Attorney; and for other purposes.
HB 205. By Mr. Conner of the 56th: A Bill to be entitled an Act to provide for a secretary for each judge of the Superior Courts of the Brunswick Judicial Circuit; to provide for the procedure connected therewith; to repeal an Act providing for a secretary for one judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th: A Bill to be entitled an Act to provide for the compensation and expenses of the State Auditor; and for other purposes.
SR 7. By Senator Smalley of the 28th: A Resolution proposing an amendment to the Constitution so as to

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269

change the provisions relating to the method of amending the Constitu tion and to provide for the continuation of previous constitutional amendments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions and Properties, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions and Properties has had under considation 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 45-87 Do Pass.
Respectfully submitted, Chandler of the 34th Chairman.

Mr. Harris of the 77th District, Chairman of the Committee on Judiciary submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 90 Do Pass.
SB 8 Do Pass as amended.
HB 112 Do Pass.
Respectfully submitted, Harris of the 77th Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary, submitted the following report:

270 Mr. Speaker:

JOURNAL OF THE HOUSE,

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 122. Do Pass.
HB 33. Do Pass as Amended.
SB 11. Do Pass as Amended.
HB 139. Do Pass.
HB 133. Do Not Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 81. Do Pass as Amended.

Respectfully submitted, Melton of the 32nd, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 123. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act placing the clerk of the

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271

superior court and ordinary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 124. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of com pensating the deputy sheriffs; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 125. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compen sating the assistant to the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 126. By Mr. Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensation of the Chairman of said Board of Commis sioners; and for other purposes.

The report 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 127. By Mr. Phillips of the 29th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 129. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.
The report 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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273

HB 130. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to supplement the salaries of the judges of the superior court of the Clayton Judicial Circuit from the funds of Clayton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 131. By Messrs. Adams of the 100th, Hill of the 97th, Brantley of the 114th,
Longino of the 98th, Lane of the 101st, Marcus of the 105th and others:
A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, etc. shall be paid directly to the county treasurer or the officer or institution performing the duties of the county treasurer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candi dacy for elective office of the Town of Leslie; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 86. By Messrs. Brown of the 110th, Daugherty of the 109th and Dean of the 76th:
A RESOLUTION
Congratulating and extending good wishes to Clark College; and for other purposes.
WHEREAS, Clark College is currently observing the centennial of its founding in the City of Atlanta; and
WHEREAS, Clark College has achieved the goal of its founders: to become "in the course of years, an institution of high rank"; and
WHEREAS, Clark College has provided quality undergraduate training for its students during its long and distinguished history; and
WHEREAS, Clark College graduates have, by their skills and talents, enriched this State and Nation in a wide variety of useful oc cupations ; and
WHEREAS, Clark College continues to serve with distinction the youth of this State and Nation; and
WHEREAS, Clark College has gained national renown for its innovative efforts to constantly improve the quality of its educational services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend their congratulations and sincere good wishes to Clark College, its president, trustees, administrators, faculty, and students, and wish for Clark College another hundred years of successful history in the service of youth.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

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275

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 7. By Senator Webb of the llth:
A Bill to amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to provide that the consent to the marriage of a pregnant female need not be secured if proof of her pregnancy is provided; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

SB 16. By Senator Webb of the llth and Broun of the 46th:
A Bill to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and sub stituting in lieu thereof the phrase "District Attorney"; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 22. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to amend Code Section 40-405, relating to the preparation of the budget reports, so as to provide for a working reserve-high and low income period; to repeal conflicting laws; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:

HR 67. By Mr. Smith of the 43rd:
A Resolution authorizing the Georgia Medical Association and the Geor gia State Nurses Association to provide certain medical service; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House and Senate, to-wit:

SR 10. By Senators Webb of the llth, Plunkett of the 30th, and Coggin of the 35th:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 24-37. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Bald win County, Georgia; 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 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.
Referred to the Committee on Judiciary.

SB 7. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, so as to provide that the consent to the marriage of a pregnant female 16 years of age or older need not be secured if proof of her pregnancy is provided; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 16. By Senators Webb of the llth and Broun of the 46th:
A Bill to be entitled an Act to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and substituting in lieu thereof the phrase "District At torney"; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 22. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to amend Code Section 40-405, relating to the preparation of the budget report, so as to provide for a Working Reserve-High and Low Income Period; and for other purposes.
Referred to the Committee on Appropriations.

The following Resolution of the House was read and adopted:

HR 87. By Messrs. Lowrey, Graves and Toles of the 9th:

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277

A RESOLUTION

Commending Kristina Marie (Kippy) Scarborough; and for other purposes.
WHEREAS, Kristina Marie Scarborough, the lovely sixteen-year old daughter of Mr. and Mrs. Daniel J. Scarborough, Rome, Georgia, has recently been named as Georgia's Junior Miss; and
WHEREAS, in addition to her beauty, Kristina Marie (known as Kippy to her friends) has demonstrated her superlative athletic and academic abilities;
She, at West Rome High School, was a member of the 1968 Homecoming Court, a solo twirler, a member of the band, senior band officer, a member of the Student Council, Convention Chairman of the Georgia Association of Student Councils, a member of Tri-Hi-Y, a member of the Quill and Scroll Society, a member of the Annual Staff, music editor of the Annual, a Governor's Honors Candidate, a member of the Drama Club and a member of the Little Theater Chorus; and
WHEREAS, Kippy was voted "Senior Superlative of Most Talented --1968" by her classmates; and
WHEREAS, she enjoys sewing, twirling, playing the guitar, sing ing, composing songs, playing the piano, water skiing and swimming; and
WHEREAS, Kippy is a member of the First Baptist Church in Rome, and she has been a member of the Youth Choir and the Hand bell Choir; and
WHEREAS, upon her graduation from West Rome, Kippy intends to attend the University of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congrat ulates Kippy Scarborough on her marvelous achievements throughout her young life, and further, this Body wishes Kippy the best of luck in her competition for National Junior Miss.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Miss Kristina Marie (Kippy) Scarborough, 505 Charlton Road, Rome, Georgia.

Mr. McClatchey of the 113th asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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JOURNAL OF THE HOUSE,

HB 21. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to and Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

The consent was granted, and HB 21 was reconsidered.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Special Judiciary for further study:

HB 133. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to grant a possessory lien in favor of any person, firm or corporation who or which alters or repairs any motor vehicle at the request of the owner or person in legal possession thereof; and for other purposes.

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 on State of Republic:

HB 248. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license examiners; and for other purposes.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 74. By Messrs. Pickard, Buck and Jones of the 84th and Thompson of the 85th:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to expand the definition of the word "project"; and for other purposes.

The following amendment was read and adopted:

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279

Mr. Pickard of the 84th moves to amend HB 74 by adding Section 5 to read as follows:

Section 5. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it first becomes law without the approval 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper

Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Douglas Edwards Egan Ellis Farmer Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Horton Housley Howell Hudson Hutchinson

Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, D. R.
Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moate Moore Mullinax Murphy

280
Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard

JOURNAL OF THE HOUSE,

Poole Potts Reaves Roach Rowland Rush Russell Salem Scarlett Shanahan Sherman Sims Smith, V. T. Snow Sorrells

Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. L. Winkles Williams Wilson Wood
If I

Those not voting were Messrs:

Alexander Bowen Brooks Busbee Cole Cook Daugherty Dean, J. E. Dickinson Dixon Dodson Dorminy Evans Ezzard

Fallin Farrar Gary Grahl Hadaway Hale Harris, 3. R. Hill, B. L. Holder Hood Knapp Levitas Matthews, C. Miller

Morris Peterson Pinkston Rainey Ross Scarborough Shepherd Simkins Smith, J. R. Sweat Thomason Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 17. By Mr. McClatchey of the 113th: A Bill to be entitled an Act to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, JANUARY 23, 1969

281

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 Atherton Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Caldwell Carnes Gates Cato Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Ellis Ezzard Farmer

Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moate Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L, L. Phillips, W. R. Poole Potts Rainey Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins
Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Toles Town send Vaughn Wamble

282
Ware Westlake Whaley

JOURNAL OP THE HOUSE,

Wheeler, Bobby Wheeler, J. A. Winkles

Williams Wilson Wood

Those not voting were Messrs:

Ballard Berry Bostick Bowen
Brooks Buck Busbee Cole Daugherty Dickinson Egan Evans

Fallin Parrar Gary Hale
Harris, J. R. Hill, B. L. Hill, G. Hood Jones, M. Knapp Le vitas Miller

Morris Peterson Pickard Pinkston
Reaves Scarborough Thomason Thompson, A. W. Thompson, R. Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 18. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to be entitled an Act to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; 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 Code Section 56-1027, relating to special consent investments which may be made by insurers, so as to authorize such investments notwithstanding the prohibition contained in Section 56-1028, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Code Section 56-1027, relating to special investments which may be made by insurers, is hereby amended by inserting between the words "investments" and "as" the words "notwithstanding any prohibition con-

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283

tained in Section 56-1028", so that when so amended said Code Section shall read as follows:

"56-1027. Special consent investments.--After satisfying re quirements of this Chapter, any funds of any domestic insurer in excess of its reserve and capital (if a stock insurer), or surplus (if a mutual or reciprocal insurer), required to be maintained, may be invested without limitation in any investments otherwise autho rized by this Title, and, in addition, in such other investments, not withstanding any prohibition contained in Section 56-1028, as may be approved by the Commissioner; Provided, however, that approval of the Commissioner is not required except to the extent such in vestments constitute more than five per cent of the total assets of an insurer."

SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 117, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 19. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act relating to gifts of securi ties to minors, as amended, so as to provide for the gift of life insur ance policies and annuity contracts to minors; 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 gifts of securi ties to minors, approved March 9, 1955 (Ga. Laws 1955, p. 592), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 98), and an Act approved March 7, 1960 (Ga. Laws 1960, p. 232), so as to provide for a short title; to provide the gift of life insurance policies and annuity contracts to minors; to define certain terms; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act relating to gifts of securities to minors, approved March 9, 1955 (Ga. Laws 1955, p. 592), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 98), and an Act approved March 7, I960 (Ga. Laws 1960, p. 232), is hereby amended by inserting between Sec tion 1 and 2 a new Section to be numbered Section 1A and to read as follows:
"Section 1A. This Act shall be known and may be cited as 'The Georgia Gift to Minors Act'."

SECTION 2

Said Act is further amended by striking Section 1 in its entirety and inserting in lieu thereof a new renumbered Section 1 to read && follows:

"Section 1. Any adult person may make a gift of securities, life insurance policies, annuity contracts, or money to a person who has not attained the age of 21 years on the date of the gift (here inafter referred to as the 'minor') in the following manner:

"(a) Securities, if in registered form, shall be registered by the donor in his own name or in the name of any adult member of the minor's family or in the name of any guardian of the minor, followed by the words, 'as custodian for ----_._____,,_____.__.....,,,
(name of minor) a minor, under the laws of Georgia', and the securities shall be delivered to the person in whose name they are thus registered as custodian. If the securities are thus registered in the name of the donor as custodian such registration shall of itself constitute the delivery required by this section.

"(b) Securities, if in bearer form, shall be delivered by the donor to any adult member of the minor's family, other than the donor, or to any guardian of the minor, accompanied by a deed of gift duly acknowledged in substantially the following form, signed by the donor and the person designated therein as custodian:

'Deed of gift under section 48-104 of the Code of Georgia.

I, ._----_.----__._._--_---- do hereby deliver to----~_.._._--.._..____--..

(name of donor)

(name of custodian)

as custodian for ....--________,,_----__--_, a minor, under the laws of (name of minor)

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285

Georgia the following security (ies): principal amount $______,

of the -______-__-________.._.____.._--.serial number of security ____.... (description of security)

'Certificate no. ..._...._..____,,__., representing ________.__ shares

of the _________________________________ stock of ________________,,_.--_._

(class or type of stock)

(name of company)

(signature of donor)
'I --_.-_..____._-____----_--_____.-----, do hereby acknowledge receipt of (name of custodian)
the above described security (ies).

(signature of custodian)
Dated:
"(c) If the subject of the gift is money, a gift may be com pleted by paying or delivering it to a broker or a bank for credit to an account in the name of the donor or any adult member of the minor's family or of any guardian of the minor, followed by
the words 'as custodian for _,,._.,,,,,,,,_______________,,, a minor, under (name of minor)
the laws of Georgia,' and such money and the assets into which it may be invested shall be in all respects subject to this Act, relating to gifts to minors, to the same degree as is any other custodial property and income thereof, when placed in the name of a cus todian for a minor.
"(d) If the subject of the gift is life insurance policy(ies) or annuity contract(s), by causing the ownership of the policy(ies) or contract(s) to be registered with the issuing insurance com pany in the name of the donor, another adult, an adult member of the minor's family, guardian of the minor or a trust company,
followed, in substance, by the words: 'as custodian for________, (name of minor)
under The Georgia Gifts to Minors Act.'"
SECTION 3
Said Act is further amended by striking the word "securities" from Section 2 and inserting in lieu thereof "custodial property", so that Section 2 when so amended shall read as follows:

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"Section 2. A gift made in the manner prescribed in Section 1 of this Act shall be irrevocable and shall convey to the minor indefeasibly vested legal title to the custodial property thus de livered, but no guardian of the person or property of the minor shall have any rights, duties or authority with respect to any prop erty held at any time by the custodian under the authority of this Act, unless said guardian shall himself be or become custodian in accordance herewith."

SECTION 4

Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3 (a). The custodian shall hold, manage, invest and reinvest the property held by him as custodian, including any un expended income therefrom, as hereinafter provided. He shall col lect the income therefrom and apply so much or the whole thereof and so much or the whole of the other property held by him as custodian as he may deem advisable for the support, maintenance, education and general use and benefit of the minor, in such manner, at such time or times, and to such extent as the custodian in his absolute discretion may deem suitable and proper, without court order, without regard to the duty of any person to support the minor and without regard to any other funds which may be appli cable or available for the purpose. To the extent that property held by the custodian and the income thereof is not so expended, it shall be delivered or paid over to the minor upon the minor's attaining the age of twenty-one (21) years, and in the event that the minor dies before attaining the age of twenty-one (21) years it shall thereupon be delivered or paid over to the estate of the minor.
"(b) The custodian may sell, exchange, convert, surrender, or otherwise dispose of any and all of the custodial property or other property held by him in such manner and at such time or times, for such prices and upon such terms as he may deem advisable; he shall have the power in his sole and absolute discretion to retain any and all custodial property delivered to him within the meaning and under the authority of this section without reference to the statutes relating to permissible investments by fiduciaries; he shall invest and reinvest the custodial property as would prudent men of discretion and intelligence who are seeking a reasonable income and the preservation of their capital without reference to the statutes relating to permissible investments by fiduciaries or hold part or all of the same in one or more bank accounts in his name as such custodian; he may vote in person or by general or limited proxy with respect to any custodial property held by him; he may consent directly or through a committee or other agent to the re organization, consolidation, dissolution or liquidation of any cor porations, the custodial property of which may be held by him or to the sale, lease, pledge or mortgage of any property by or to any such corporation.
"(c) In addition to the foregoing rights, powers and duties with

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287

respect to any securities or other property held by the custodian, the custodian, in his name as such custodian, shall have all the powers of management which a guardian of the property of the minor would have.

"(d) The custodian may execute and deliver any and all instru ments in writing which he may deem advisable to carry out any of the foregoing powers. No issuer of securities, transfer agent, registrar or bank or other person acting on the instructions of any persons purporting to be a custodian or donor shall be responsible for determining whether any person has been duly designated as a custodian under this section, or whether any purchase, sale or trans fer to or by any person as custodian is in accordance with or authorized by this section, or shall be obliged to inquire into the validity under this section of any instrument or instructions exe cuted or given by a person purporting to act as custodian or donor, to be bound to see to the application by any person purporting to act as custodian of any money or other property paid or de livered to him. All registered securities held by the custodian from time to time shall be registered in his name followed by the words
'as custodian for ..._........_.__.._____.., a minor under the laws of the (name of minor)
State of Georgia'. All property held by the custodian for the minor under the authority of this Act shall be kept separate and distinct from the custodian's own personal funds and property and shall be maintained at all times in such a manner as to identify it clearly as the minor's property held by the custodian under the authority of this Act.

"(e) If the subject of this gift is life insurance policy(ies) or annuity contract(s), the custodian:

(1) in his capacity as custodian, has all the incidents of ownership in the policy or contract to the same extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minor's estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is act ing; and

(2) may pay premiums on the policy or contract out of the custodial property."

SECTION 5
Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. A custodian may resign by (a) executing and duly acknowledging an instrument of resignation designating a successor custodian who is an adult member of the minor's family or a guardian of the minor, (b) delivering such instrument to the sue-

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cessor custodian, (c) causing all custodial property, where neces sary, to be registered in the name of the successor custodian as such, and (d) delivering to the successor custodian all custodial property held by him as custodian. In the alternative, the custodian may petition the court of ordinary for permission to resign and for the appointment of a successor custodian."

SECTION 6
Said Act is further amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) Custodial property includes:
(1) All securities, life insurance policies, annuity contracts and money under the supervision of the same custodian for the minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this Act;
(2) The income from the custodial property; and
(3) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance poli cies, annuity contracts, and income.
(b) An adult is a person who has attained the age of 21 years.
(c) A security is in 'registered form' when its terms specify a person entitled to the security or to the rights it evidences and specify that its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer.
(d) A security is in 'bearer form' when it runs to bearer accord ing to its terms and not by reason of any endorsement.
(e) The term 'member of the minor's family' as used in this Act means the minor's parents, grandparents, brothers, sisters, uncles, and aunts, whether of the whole blood or the half blood, or by or through legal adoption.
(f) The term 'legal representative' as used in this Act means, as may be appropriate in the circumstances, the executor, admin istrator, general guardian, or committee (conservator) of the prop erty of the person to whose legal representative reference is made.
(g) The term 'security' as used in this Act means any note, stock, bond, debenture, evidence of indebtedness, collateral trust certificate, transferable share, voting trust certificate, certificate of deposit for a security, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, or warrant

THURSDAY, JANUARY 23, 1969

289

or right to subscribe to or purchase, any of the foregoing. Said term shall include any share, share account, or savings account in a Federal Savings and Loan Association or in a State-Chartered Building and Loan Association.

(h) A gift made under authority of this Act to a guardian of the minor as custodian shall be deemed to have satisfied the re quirements of this Act if the person to whom the delivery has been made is either guardian of the person or guardian of the property of the minor, duly appointed in the State of Georgia, or in the State, Territory or County where the minor was domiciled at the time of the delivery of the gift.

(i) A 'life insurance policy' or 'annuity contract' means a life insurance policy or annuity contract issued by an insurance com pany authorized to do business in this state on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this Act or on the life of a member of the minor's family.

(j) A 'trust company' is a bank, corporation or other legal entity authorized by law to exercise trust powers in this State.

(k) A 'bank' is any bank, trust company, national banking association or industrial bank.

(1) A 'broker' is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling se curities for his own account, through a broker or otherwise, as a part of a regular business."

SECTION 7
Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. This Act shall not be construed as providing an exclusive method for making gifts to minors."

SECTION 8
Said Act is further amended by striking the words "of securities" from Section 13, so that Section 13 when so amended shall read as follows:
"Section 13. This Act shall not be construed to apply to gifts received by a minor by bequest or inheritance, but shall apply only to inter vivos gifts."

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JOURNAL OF THE HOUSE,

SECTION 9

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 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code approved March 8, 1960, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Battle Bell Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner

Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dent Dixon Dodson Douglas Edwards Ellis Ezzard Farmer

Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham Holder Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger

THURSDAY, JANUARY 23, 1969

291

Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Moate Moore Morris Mullinax Murphy Nes smith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H, W. Patterson

Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs. :

Anderson Barfield Bennett Berry Bostick Bowen Brooks Buck Busbee Collins, M. Daugherty Dean, J. E. DeLong Dickinson Dorminy Egan

Evans Fallin Funk Hadaway Hale Hamilton Harris, J. R. Henderson Hill, B. L. Hill, G. Hood Howell Jones, M. Levitas Longino Miles

Miller Nash Peters Peterson Pickard Pinkston Rush Scarborough Snow Thomason Thompson, A. W. Thompson, R. Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 17. By Senators Spinks of the 9th, Miller of the 43rd, Cox of the 21st and others:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. Laws 1943, p. 331), as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.

An amendment, offered by Mr. Nessmith of the 44th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Ballard Barber Battle Bell Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Burruss Caldwell Games Gates Chandler Clarke Cole Collins, M. Collins, S.

Colwell Conger Conner Cook Cooper Crowe Dailey Davis, W. DeLong Dent, R. A. Dixon Dodson Edwards Ellis Fallin Farmer Farrar Felton Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Gunter Hale Hargrett

Harrington Harris, J. F. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Levitas

THURSDAY, JANUARY 23, 1969

293

Lewis Longino Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Miles Milford Moate Moore Morris Mullinax Murphy Nash Northcutt Odom

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinks ton Poole Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough

Scarlett Shanahan Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Dean, N. Douglas Ezzard

Floyd, J. H. Graves Lowrey

Marcus Nessmith Toles

Those not voting were Messrs.:

Anderson Bariield Bennett Berry Brooks Buck
Busbee
Cato
Collier
Connell
Daugherty
Davis, E. T.
Dean, J. E.
Dickinson
Dorminy

Egan Evans Grahl Hadaway Hamilton Harris, J. R. Harrison
Henderson
Johnson
Jones, M.
Knapp
Lambert
Lee, W. S.
Leonard
Melton

Merritt Miller Nunn Peterson Pickard Rainey
Shepherd
Sherman
Thompson, A. W.
Thompson, R.
Townsend
Vaughn
Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 9.

The Bill, having received the requisite constitutional majority, was passed.

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HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th and others:
A Bill to be entitled an Act to provide for the registration and regula tion of cemeteries; to provide for rules and regulations; and for other purposes.

The following amendment was read and adopted:
Mr. Parker of the 44th moves to amend HB 62 by striking Section 2 in its entirety.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Bell Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Caldwell Games Cato Chandler Clarke Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey

Davis, W. Dean, J. E. Dodson Dorminy Douglas Egan Ezzard Parrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Hawes Higginbotham Hill, B. L. Holder Hood Housley Howell

Hudson Hutchinson Jordan, G. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Longino Marcus Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Milford Moate Moore Morris Mullinax Murphy Northcutt Odom Paris Parker, C. A. Parker, H. W.

THURSDAY, JANUARY 23, 1969

295

Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Ross Rowland Rush Russell

Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Sweat Thomason Vaughn

Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Ballard Battle Brooks Connell Dean, N. Dixon Edwards Evans Pallin Farmer

Floyd, J. H. Harrison Horton Jones, C. M. Jordan, H. S. Keen Knapp Lambert Le vitas Lewis

Mason Matthews, C. Nash Nessmith Pafford Peters Simkins Sorrells

Those not voting were Messrs.:

Barfield Bennett Berry Bostick Bo wen Buck Busbee Gates Cole Collier Daugherty Davis, E. T. DeLong Dent

Dickinson Ellis Graves Hale Harris, J. R. Henderson Hill, G. Johnson Joiner Jones, Herb Jones, M. Leonard Lowrey McCracken

Miles Miller Nunn Peterson Pickard Reaves Roach Snow Thompson, A. W. Thompson, R. Toles Townsend Mr. Speaker

On the passage of the Bill, as amended, the ayes were 124, nays 28.

The Bill, having received the requisite constitutional majority, was passed, as amended.

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JOURNAL OF THE HOUSE,

Mr. Harris of the 77th stated that he had been called from the floor of the House when the roll was called on HB 62, as amended, but had he been present would have voted "aye".

HB 46. By Mr. Geisinger of the 72nd: A Bill to be entitled an Act to provide that any party, defendant or other person permitted or required by law to give or post bond or bail as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the appropriate person; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 47. By Mr. Geisinger of the 72nd: A Bill to be entitled an Act to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper authorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc.; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order the proper authorities to release the accused on a bond signed by any responsible resident of the county, who is not otherwise pro hibited by law from signing such bonds; to provide for the judge's dis cretion; to provide for the sheriff's approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
The judge of any court or the senior judge of such court having

THURSDAY, JANUARY 23, 1969

297

jurisdiction over the criminal offense and accused is hereby authorized to provide, by order directed to the proper authorities, for the release of any criminal accused on a bond signed by any responsible resident of the county in which the court sits (including the accused himself), who is not otherwise prohibited by law from signing such bonds.

SECTION 2
It shall be within the sole discretion of the said judge to determine whether or not this Act shall be implemented. If he so elects, he shall issue an order directed to the sheriff or other person charged with the responsibility of approving security authorizing him to accept such bonds and giving him the right to determine whether the person offering to sign the bond of the accused, or the accused himself, possesses the proper qualifications to uphold the responsibility which shall be his if he signs the said bond.

SECTION 3
Any person offering to sign a bond under the provisions of this Act shall do so in person and may make no charge therefor. The pro visions of this Act are cumulative to existing laws dealing with this subject matter.

SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:

Mr. Gunter of the 6th moves to amend Committee substitute to HB 47 by striking the word "county" in Section 1 and substituting the
word "state".

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:

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Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bowen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burmss Caldwell Games Gates Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar

Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

McClatchey McCracken McDaniell
Melton Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby

THURSDAY, JANUARY 23, 1969

299

Wheeler, J. A. Winkles

Williams Wilson

Wood

Those voting in the negative were Messrs.:

Odom

Parker, H. W.

Those not voting were Messrs.:

Barfield Bennett Bostick Brantley, H. L. Busbee Cato Clarke Daugherty

DeLong Dickinson Gary Grahl Hale Horton Johnson Lewis

Merritt Peters Pickard Pinkston Rainey Scarborough Shepherd Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Lewis of the 37th stated that he had been called from the floor of the House when the roll was called on HB 47, by substitute, as amended, but had he been present would have voted "aye".
Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, requested that the Journal show that all members of said Committee were present in their meeting this day and therefore might have been shown as not voting on some roll calls. He further requested that the Journal show that the Committee on Ways and Means also met on the two previous days and therefore its members were absent from the floor of the House at various times during those days.
Leave of absence was granted to Mr. Busbee of the 61st because of illness.

Mr. Jones of the 59th 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 Friday, January 24, 1969

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. J. Ray Melear, Pastor, Elbert Circuit, The United Methodist Church, Elberton, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

FRIDAY, JANUARY 24, 1969

301

HB 222. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide a new charter for the Town of Walnut Grove; and for other purposes.
Referred to the Committee on Local Affairs.

HB 223. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Section 88-520, relating to the payment of expenses incurred in connection with the examination of mentally ill persons, so as to increase the compensation for members of the examining committee for mentally ill persons; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to prohibit the intentional dumping or leaving of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.
Referred to the Committee on Game and Fish.
HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.
Referred to the Committee on Game and Fish.

HB 227. By Messrs. Parker of the 44th, Northcutt of the 21st, Parker of the 46th, Nessmith of the 44th, Mauldin of the 12th and others:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' Consumers' Sales and Use Tax Act, so as to provide that sales of advertising space in magazines, newspapers and other periodi-

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cals shall be included within the meaning of "retail sale" or "sale at retail"; and for other purposes.
Referred to the Committee on Ways and Means.

HB 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determine sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 229. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to revise, classify, consolidate, and super sede the present laws relating to the procedure in the courts of Georgia in all criminal proceedings and to establish new laws relating thereto; to provide for fair, speedy and impartial trial, adequate review and simplicity and fairness in procedure in all criminal proceeding; and for other purposes.
Referred to the Committee on Judiciary.

HB 230. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide for fines and fine and forfeiture fund and for disbursement and distribution of said fine and forfeiture fund and for priorities of claims against said fund, and for enforcement of claims of officers of court in and to said fund; and for other purposes.
Referred to the Committee on Judiciary.

HB 231. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to authorize the Governor of the State of Georgia, in his discretion, to offer, and cause to be paid, rewards for the detection or apprehension of felons; and for other purposes.
Referred to the Committee on Judiciary.

HB 232. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide more effectually for the collec-

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303

tion of costs of justices of the peace and constables, in criminal cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 233. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to require jail fees and costs to be paid in advance in certain cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 234. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to limit the criminal liability of any person who shall under certain conditions render assistance to any law enforce ment officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.
Referred to the Committee on Judiciary.

HB 235. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide for the execution of persons sentenced to the punishment of death, by electrocution; to provide that in all cases in which a defendant is sentence to electrocution the trial judge must direct that the sentence be executed by the Director of Corrections; and for other purposes.
Referred to the Committee on Judiciary.

HB 236. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide that arresting officer in this State advising or in any way procuring the dismissal or settlement of criminal warrants in their hands for execution shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Judiciary.

HB 237. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide for the liability for and payment of costs in criminal prosecutions and proceedings; and for other pur poses.
Referred to the Committee on Judiciary.

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HB 238. By Messrs. Vaughn of the 74th, Jones of the 50th, Harris of the 77th, Westlake of the 75th and others:
A Bill to be entitled an Act to repeal Code Section 92-5702 of the Georgia Code of 1933, defining "Fair Market Value" for the purpose of returning tangible property for taxation; and for other purposes.
Referred to the Committee on Judiciary.

HB 239. By Mr. Brown of the 32nd:
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 any act or omission to act with the scope of his duties or activities except under certain circumstances; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 240. By Messrs. Farmer of the 16th, Harrison, Wilson and Burruss of the 117th, Leonard of the 3rd, Parker of the 68th, Pafford of the 64th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax", so as to provide for exemptions from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 241. By Messrs. Maxwell of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act entitled "Cash Appear ance Bonds in Traffic Cases", so as to authorize law enforcement offi cers of municipalities of this State to accept cash bonds in traffic vio lation cases occurring inside the corporate limits of a municipality; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 242. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide for grants to certain counties of this State; to establish the purposes for expenditure of such grants; and for other purposes.
Referred to the Committee on Appropriations.

HB 243. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A Bill to be entitled an Act to provide for grants to local units of

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305

school administration of the State of Georgia, including municipal school systems, to be used for general educational purposes; to provide for an annual financial report to be filed with the State Auditor; and for other purposes.
Referred to the Committee on Appropriations.

HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to amend an Act relative to the taxation of cigars and cigarettes as amended, so as to impose certain duties on dealers and distributors; and for other purposes.
Referred to the Committee on Ways and Means.

HB 245. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities of this State to be used for any public purpose, except paying the salaries of elected municipal officers; and for other purposes.
Referred to the Committee on Appropriations.

HB 246. By Messrs. Leonard of the 3rd and Ballard of the 23rd: A Bill to be entitled an Act to provide for a tax on bottled soft drinks and soft drink syrup; and for other purposes.
Referred to the Committee on Ways and Means.

HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reim bursement of the sheriff for expenses incurred while on official business outside of the State of Georgia; and for other purposes.
Referred to the Committee on Local Affairs.

HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to create a new charter for the City of Rossville in the County of Walker; and for other purposes.
Referred to the Committee on Local Affairs.

HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th:

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A Bill to be entitled an Act to provide for the education and rehabilita tion of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.
Referred to the Committee on Education.

HB 251. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Tift County, so as to change the salary of the Chairman and Vice-Chairman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 252. By Messrs. Chandler of the 34th, Smith of the 3rd and Atherton of the 117th:
A Bill to be entitled an Act to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 88-252. By Mr. DeLong of the 80th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the consolidation of two or more counties into one; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 89-252. By Mr. Graves of the 9th:
A Resolution compensating Mr. Robert Lee Baldwin; and for other purposes.
Referred to the Committee on Appropriations.

HR 90-252. 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 253. By Mr. Shanahan of the 8th: A Bill to be entitled an Act creating the office of Commissioner of

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307

Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 254. By Messrs. Henderson, Wilson and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 255. By Mr. Henderson of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physician or surgeon, licensed to practice medicine and surgery in this State, to perform a sterilization procedure on any person, including a minor, either legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person; and for other pur poses.
Referred to the Committee on Hygiene and Sanitation.

HB 256. By Messrs. Evans, Scarborough and Pinkston of the 81st, Miller of the 83rd and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restric tion on municipal corporations in this State, having a population of more than 69,000, from levying a tax on amusement admissions; and for other purposes.
Referred to the Committee on Ways and Means.

HB 257. By Messrs. Evans, Scarborough and Pinkston of the 81st, Miller of the 83rd and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restriction on municipal corporations in this State, having a population of more than 69,000, from charging a tax on rooms, lodgings or accommodations; and for other purposes.
Referred to the Committee on Ways and Means.

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 on State of Republic:

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HB 258. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Section 34-1407, relating to the custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that chal lenged absentee ballots shall be counted as other ballots; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 200. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of ex penses which have been incurred in performing official duties; and for other purposes.
HB 201. By Messrs. Longino of the 98th and Brown of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to remove the provision relating to the delivery to the State Revenue Commissioner of the manufac turer's serial plate from wrecked or salvaged vehicles; and for other purposes.
HB 202. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to provide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.

HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 16th, Brantley of the 52nd, Parker of the 46th, Farrar of the 77th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in deter mining local units of administrations' share of the cost supporting the Minimum Foundation Program of Education; and for other pur poses.

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309

HB 206. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.

HB 207. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensa tion of the chief deputy; and for other purposes.

HB 208. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 209. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriff; and for other purposes.

HB 210. By Mr. Conner of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 211. By Messrs. Westlake of the 75th and Farmer of the 16th:
A Bill to be entitled an Act to repeal Code Chapter 47-10, relating to lobbying; and for other purposes.

HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Funk of the 92nd, Egan of the 116th, Lambert of the 25th, Levitas of the 77th, Nessmith of the 44th, Whaley of the 93rd and others:
A Bill to be entitled an Act to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for violations; and for other purposes.

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HB 213. By Messrs. Farmer of the 16th, Brown of the 110th, Hill of the 94th, Thompson of the 85th and Alexander of the 108th:
A Bill to be entitled an Act to provide tenure for teachers and other professional personnel of local school systems; to provide for excep tions, definitions, transfer from one system to another, etc.; and for other purposes.

HB 215. By Messrs. Cato of the 68th, Edwards of the 45th, Matthews of the 63rd, Knowles of the 22nd, Parker of the 46th, Moate of the 28th, Ballard of the 23rd, Sorrells of the 24th and others:
A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; and for other purposes.

HB 216. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th, Evans of the 81st, Nunn of the 41st and others:
A Bill to be entitled an Act to abolish the fee system of compensating the clerk of the superior court, ordinary, tax receiver, tax collector or tax commissioner of the various counties in this State, and the clerk and solicitor of any city or county court; and for other purposes.

HB 217. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th, Sherman of the 80th, Evans of the 81st, Nunn of the 41st and others:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees of clerks of the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; and for other purposes.

HB 218. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regula tions for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.

HB 219. By Messrs. Farmer of the 16th, Thompson of the 85th, Thompson of the 86th and Matthews of the 16th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that certain public officials shall not be competent to serve as grand jurors while serving as such officials; and for other purposes.

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311

HR 81-219. By Messrs. Brown of the 32nd and Townsend of the 115th:
A Resolution creating the Joint House-Senate State-owned Liquor Store Study Committee; and for other purposes.

HR 82-219. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th:
A Resolution creating the Georgia Coastal Islands Study Committee; and for other purposes.

HR 83-219. By Mr. Moate of the 28th:
A Resolution compensating Mr. Ben W. Butts; and for other pur poses.

HR 84-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Buford Little; and for other purposes.

HR 85-219. By Mr. Lowrey of the 9th:
A Resolution compensating the Ransom Floral Company; and for other purposes.

HB 220. By Messrs. Thomason of the 77th, Jones and Buck of the 84th:
A Bill to be entitled an Act to amend Code Chapter 76-2, relating to the issuance of warrants and the requirements of bonds to keep the peace, so as to repeal said Code Chapter in its entirety; and for other purposes.

HB 221. By Messrs. Davis of the 86th and Williams of the llth:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to prohibit the installation of oversized tires on passenger vehicles; and for other purposes.

HB 248. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for chief radio operators and chief license examiners; and for other purposes.

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SR 10. By Senators Webb of the llth, Plunkett of the 30th and Coggin of the 35th:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.

SB 7. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, so as to provide that the consent to the marriage of a pregnant female 16 years of age or older need not be secured if proof of her pregnancy is provided; and for other purposes.

SB 16. By Senators Webb of the llth and Broun of the 46th:
A Bill to be entitled an Act to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and substituting in lieu thereof the phrase "District At torney"; and for other purposes.

SB 22. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to amend Code Section 40-405, relating to the preparation of the budget report, so as to provide for a Working Reserve-High and Low Income Period; and for other purposes.

Mr. Murphy of the 19th, Chairman of the Committee on Banks and Bank ing, submitted the following report:

Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 72. Do Pass by Substitute.
Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, submitted the following report:

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313

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 120. Do Pass.
HB 118. Do Pass.
HR 49-121. Do Pass by Substitute.
HB 119. Do Pass by Substitute.
HB 121. Do Pass.
HR 37- 68. Do Pass as Amended.
Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 82. Do Pass.
HB 148. Do Pass. HB 149. Do Pass.
HB 150. Do Pass.
HB 151. Do Pass.
HB 154. Do Pass. HB 157. Do Pass.

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HB 158. Do Pass.

HB 159. Do Pass.

HB 167. Do Pass.

HB 187. Do Pass.

HB 196. Do Pass.

HB 200. Do Pass.

HB 206. Do Pass.

HB 207. Do Pass.

HB 208. Do Pass.

HB 209. Do Pass.

HB 210. Do Pass.

HR 76-184. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Dorminy of the 48th, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 23. Do Pass. HB 113. Do Pass. HB 114. Do Pass. HB 115. Do Pass.

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315

HR 75-184. Do Pass.

Respectfully submitted, Dorminy of the 48th, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 7. Do Pass.
SB 16. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 82. By Mr. Bowen of the 47th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 148. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Ordinary of Dawson Coun ty, known as the fee system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 149. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the system of com pensation, so as to change the compensation of the sheriff of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 150. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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317

HB 151. By Messrs. Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, Bond of the llth, Marcus of the 105th and others:
A Bill to be entitled an Act to amend the Act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pen sion benefits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 157. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Heard County, so as to change compensation of com missioners and to provide them with an expense allowance; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A Bill to be entitled an Act to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having receiving the requisite constitutional majority, was passed.
HB 167. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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319

HB 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th, Marcus of the 105th, Gates of the 95th, Hood of the 99th 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 196. By Messers. Atherton, Burruss, Kreeger and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to provide for a retirement plan for policemen and firemen of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 76-184. By Messrs. Lee, Gary and Northcutt of the 21st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding onefourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County and to provide that said fund may be used to pay the expenses incidental to the above set forth purposes; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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SECTION 1

Article VII, Section IV, Paragraph I, of the Constitution of Geor gia of 1945, as amended, is hereby amended by adding at the end of Paragraph I the following:

"The governing authority of Clayton County is hereby autho rized to levy a tax, in addition to those already provided for by law, not to exceed one-fourth mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County. Said governing authority shall be authorized to expend said funds for the aforesaid purposes including paying for advertising and other promotional expenses incidental thereto."

SECTION 2
The above proposed amendment to the Constitution shall be pub lished as provided in Article XIII, Section I, Paragraph I of the Consti tution 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 Clayton County to levy a tax not exceeding one-fourth mill on all of the tax-
NO ( ) able property in the county for the purpose of creat ing a fund to be used in assisting, promoting, and en couraging the location of industries in Clayton Coun ty, and to provide that said fund may be used to pay the expenses incidental to the above set forth pur poses?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Caldwell Gates Cato Chandler Clarke Cole Collier Collins, S. Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Farmer Farrar

Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell

Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinks ton Poole Potts Rainey Reaves Roach Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J, R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake

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Whaley Wheeler, Bobby Wheeler, J. A.

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Winkles Williams

Wilson Wood

Those not voting were Messrs.:

Barfield Brooks, G. Busbee Games Collins, M. Colwell Dean Dickinson

Egan Pallin Floyd, J. H. Hale Hamilton Hargarett Harrison Hill, G.

Johnson Lambert Matthews, C. Murphy Paris Ross Rush 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.

The following Resolutions of the House were read and adopted:
HE 91. By Messrs. Smith of the 43rd, Bray of the 31st, Potts, Blalock and Mullinax of the 30th, Felton of the 95th and others:
A RESOLUTION
Extending wishes for a speedy recovery to Horonable Guy Hill; and for other purposes.
WHEREAS, Representative Guy Hill of the 97th District, and a member of the Fulton County Delegation, suffered a serious illness on Wednesday, January 22, 1969, and he is presently confined in South Fulton Hospital, East Point, Georgia; and
WHEREAS, he is one of the most personable members of the House of Representatives and has represented his constituents and the State of Georgia with dedication and ability since he became a member of the House in 1966; and
WHEREAS, the members of the House regret his inability to con tinue to work with them as a result of his illness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express

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323

their sincerest regrets that Honorable Guy Hill has suffered a serious illness and extend to him their wishes for a most speedy recovery.

BE IT FURTHER RESOLVED that the clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Honorable Guy Hill.

HR 98. By Messrs. Dean and Murphy of the 19th:
A RESOLUTION
Expressing regret at the passing of Honorable Albert F. Moore; and for other purposes.
WHEREAS, on September 16, 1968, Honorable Albert F. Moore, our distinguished colleague from the 31st Senatorial District, passed away; and
WHEREAS, he was a native of Cedartown, Georgia, and was wide ly known and held in the highest esteem by the citizens of his com munity; and
WHEREAS, he was a prominent businessman in his community and very active in civic and governmental affairs, having held many posi tions of responsibility, honor and dignity, including serving as Mayor of Cedartown for many years; and
WHEREAS, he was first elected to the Senate for the term begin ning in 1963 and served continuously, without opposition, until his passing; and
WHEREAS, his passing came particularly hard to his colleagues in the General Assembly, because he was unquestionably one of its most able, respected and beloved members; and
WHEREAS, it is a fitting tribute to the memory of Senator Moore that, because of his complete integrity, ability and warm personality, he was soon recognized as an outstanding legislator whose relatively short service in the General Assembly was completely overshadowd by the profound influence he had over his colleagues; and
WHEREAS, he is survived by his brother, Colonel John V. Moore of College Park, Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable Albert F. Moore and do hereby further express their certain knowledge that he will continue to live in the hearts and minds of every member of the General As sembly whose good fortune it was to have known and been associated with him.

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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 Colonel John V. Moore of College Park, Georgia.

HR 99. By Mr. Cook of the 95th:
A RESOLUTION
Commending Miss Wyomia Tyus; and for other purposes.
WHEREAS, Miss Wyomia Tyus, a native of Griffin, Georgia, is the holder of a majority of the world records and the speed events; and
WHEREAS, she is a holder of Gold Medals in the Olympics where she competed as an outstanding member of the United States Track and Field team; and
WHEREAS, she is the winner of the 100 meter dash and a member of the winning team in the 40 meter relay; and
WHEREAS, by her exemplary conduct and outstanding sportsman ship she has brought great honor, not only to herself and the United State Olympic Team, but to her country, her State and her locality.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Miss Wyomia Tyus is hereby commended for her outstanding achievements, and sincerest appreciation is hereby expressed for her contributions and the honor she has brought to the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Reso lution to Miss Wyomia Tyus.
HR 100. By Messrs. Black of the 45th, Collins of the 62nd, Lowrey of the 9th, Matthews of the 16th, Reaves of the 71st and others:

A RESOLUTION
Commending Honorable J. Phil Campbell, Jr.; and for other pur poses.
WHEREAS, Honorable J. Phil Campbell, Jr., was appointed Under secretary of Agriculture by President Richard M. Nixon; and
WHEREAS, he has recently resigned as Commissioner of Agricul ture for the State of Georgia in order to accept the position of Under secretary of Agriculture with the Federal Government; and

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WHEREAS, the office of Undersecretary of Agriculture is the high est appointed office in the Federal Government held by a Georgian in modern times; and

WHEREAS, he served from 1949 through 1954 in the Georgia Gen eral Assembly and from 1955 to January of 1969 as the Commissioner of Agriculture for the State of Georgia; and

WHEREAS, as Commissioner of Agriculture he initiated many pro grams which assisted the farmers and the people of Georgia, including a program to eradicate screwworms, the Fire-ant Program, the Grade A Egg Program, and the construction of the largest State Farmers' Market in the world which is located in Forest Park, Georgia; and

WHEREAS, he is a man of highest character and intelligence and he served his State with honor and distinction and he will be greatly missed; and

WHEREAS, although his resignation is a great loss to the State of Georgia, the Federal Government is fortunate in having a man of his ability and character as Undersecretary of Agriculture.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable J. Phil Campbell, Jr. is hereby commended for his outstanding record of service and achieve ment, and sincerest congratulations are hereby offered to him for his appointment as Undersecretary of Agriculture and best wishes are ex tended for a long and happy future.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable J. Phil Campbell, Jr.

HR 101. By Messrs. Berry and Thompson of the 85th, Pickard, Jones and Buck of the 84th, Davis of the 86th and others:
A RESOLUTION
Expressing regret at the passing of Mr. James Walter Blanchard; and for other purposes.
WHEREAS Mr. James Walter Blanchard passed away on Sunday, January 12, 1969; and
WHEREAS, Mr. Blanchard, a native Georgian, was born on Febru ary 4, 1913, in the City of Augusta; and
WHEREAS, he graduated from Richmond Academy and attended premedical school at Augusta College; and

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WHEREAS, he served with honor and distinction as a Lieutenant in the United States Navy during World War II; and

WHEREAS, beginning his career in banking in Augusta in 1929, he became one of the most outstanding businessmen in the South, and

WHEREAS, he was elected Executive Vice President of the Citi zens & Southern National Bank of Valdosta in 1949 and served in that capacity until September 2, 1957, when he resigned to accept the Presi dency of the Columbus Bank & Trust Company; and

WHEREAS, during his tenure as President, the total assets of the Columbus Bank & Trust Company increased from $36,202,731.63 to $93,604,737.34; and
WHEREAS, he was unquestionably one of the foremost leaders in the commercial and industrial development of his native state and the entire Southeast; and
WHEREAS, he was honored by the Georgia Bankers Association in 1961 for his contribution to the constructive growth of consumer credit in the commercial banks of this State; and

WHEREAS, his remarkable ability was not confined to the financial world because he displayed a universal interest in civic, governmental and cultural affairs; and
WHEREAS, in 1967-68 he served as President of the ColumbusPhoenix City-Ft. Benning Chapter of the Association of the U. S. Army which won four national awards under his leadership; and
WHEREAS, he was a dedicated and energetic member of the Cham ber of Commerce for over 20 years; and

WHEREAS, he served two years as the President of the Columbus Chamber of Commerce and 10 years as a Chamber Director; and

WHEREAS, he served as President and Director of the Chamber's Columbus Industrial Development Corporation and as Chairman-Director of the Industrial Development Committee; and
WHEREAS, he served as Director of the State Chamber of Com merce and as a member of its Industrial Development Council of Geor gia; and
WHEREAS, he led the two-year-old "Build Columbus" campaign to sell the assets and potential of the City of Columbus as an industrial and prosperous community; and

WHEREAS, he was actively engaged in governmental affairs and local, state and national officials often solicited his counsel and advice; and

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327

WHEREAS, during his 11 years in Columbus, he became one of the most popular business, civic and religious leaders of the community; and

WHEREAS, his untimely passing came as a severe blow not only to his family and friends but to the entire community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the passing of Mr. James Walter Blanchard and extends its sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to his widow, Mrs. Paloma W. Blanehard, his son, Mr. James H. Blanchard, his mother, Mrs. Rachel Chapman Blanchard, his sister, Mrs. Robert E. Anderson, and his brother, Mr. Russell A. Blan chard, to the Board of Directors of the Columbus Bank & Trust Com pany, and to the officers and employees of the Columbus Bank & Trust Company.

HR 102. By Messrs. Dean of the 76th, Bell of the 73rd, Shepherd of the 107th, Brown of the 110th, Alexander of the 108th and others:
A RESOLUTION
Commending Dr. Cornelius V. Troup, Sr.; and for other purposes.
WHEREAS, Dr. Cornelius V. Troup, Sr. has served with honor and distinction as Head of the Commercial Department at Morris Brown College; Director, Talent Search Project, Coppin State College, Balti more, Maryland; Consultant, Southern Regional Office, National Urban League, Atlanta, Georgia; and as President, Fort Valley State College; and
WHEREAS, he received an A.B. Degree from Morris Brown College, an M.A. Degree from Atlanta University, a Ph.D. Degree from Ohio State University, and the following Honorary Degrees: LL.D., Wilberforce University; LL.D., Morris Brown College; and LL.D., Atlanta Uni versity; and
WHEREAS, he is a member of Friendship Baptist Church; Phi Delta Kappa; Alpha Kappa Mu Honor Society; Phi Beta Sigma, in which he has been a regional and national officer; and has a lifetime member ship in the National Education Association; and
WHEREAS, he has had articles published in various educational journals, poems published in such anthologies as "Negro Voices", "Badge of Honor", and "Ebony Rhythm", and has authored a book entitled Distinguished Negro Georgians; and
WHEREAS, he is listed in "Who's Who in America", "Who's Who

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in Education" and "Who's Who in Colored America" and was cited at the Centennial observance of Atlanta University in 1965 as one of the ten most outstanding living alumni of that institution; and

WHEREAS, he has dedicated himself to the betterment of his fel low man and has provided an inspiration to his friends, relatives and acquaintances.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Dr. Cor nelius V. Troup, Sr. on his magnificent accomplishments.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to transmit an appropriate copy of this Resolution to Dr. Cornelius V. Troup, Sr.

HR 103. By Mr. Wamble of the 69th:
A RESOLUTION
Commending the Greater Atlanta Woman's Bowling Association; and for other purposes.
WHEREAS, the sport of bowling is one of the major sports in the State of Georgia, particularly the City of Atlanta; and
WHEREAS, the game fosters the high ideals of good sportsman ship and pleasant association with others; and
WHEREAS, the Woman's International Bowling Congress will be held in the City of Atlanta in 1971; and
WHEREAS, the Congress will be attended by many thousands of bowlers; and
WHEREAS, the holding of this international event in the City of Atlanta can be attributed to the efforts of the Greater Atlanta Woman's Bowling Association; and
WHEREAS, the Greater Atlanta Woman's Bowling Association, through its many bowling teams, annually promotes and holds a city tournament of said bowling teams in the City of Atlanta; and
WHEREAS, the City Woman's Bowling Tournament, sponsored by the Greater Atlanta Woman's Bowling Association, will commence in the City of Atlanta on February 1, 1969; and
WHEREAS, the tournament will climax another successful season for bowlers from every area of the City of Atlanta;

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329

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Greater Atlanta Woman's Bowling As sociation is hereby commended for its untiring efforts in having the City of Atlanta selected as the location for the Woman's International Bowling Congress to be held in 1971.

BE IT FURTHER RESOLVED that this body hereby extends its sincerest congratulations to the Greater Atlanta Woman's Bowling As sociation and wishes them every success in the City Woman's Bowling Tournament beginning on February 1, 1969.

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 Mrs. Alberta Crowe and Mrs. Genelle Pecoraro.

HR 104. By Mr. Miller of the 83rd:
A RESOLUTION
Expressing regrets for the untimely death of the Honorable Gladis Frederick Griffin; and for other purposes.
WHEREAS, the Honorable Gladis Frederick Griffin, a native of Taylor County and long-time resident of the City of Maeon, was the victim of a hit and run accident Wednesday, January 15, 1968; and
WHEREAS, he was a highly respected and admired resident of Macon for over 49 years, and a member of the Mable White Baptist Church for over twenty-seven years; and
WHEREAS, he was a Deacon in his Church and a member of the Faith Bible Class, and he was a Mason and a member of the Macon Chapter of the Order of Eastern Star; and
WHEREAS, the Honorable Gladis Frederick Griffin was a Rambler automobile dealer, and at the time of his death was affiliated with River's Rambler; and
WHEREAS, he is survived by his widow, Mrs. Myrtle Thigpin Griffin; his son, Marshall F. Griffin; his brothers H. C. Griffin, M. E. Griffin, Felton Griffin and C. W. Griffin; and his sister, Mrs. Vera Hendry.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest re grets for the untimely passing of the honorable Gladis Frederick Griffin.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Mrs. Myrtle

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Thigpin Griffin, 577 Ormond Terrace, Macon, Georgia, and to Mr. Marshall F. Griffin, 1322 Lakeview Drive, Macon, Georgia.

HR 105. By Messrs. Lowrey, Graves and Toles of the 9th:
A RESOLUTION
Commending Honorable Richard Lee Starnes, Jr.; and for other purposes.
WHEREAS, Honorable Richard Lee Starnes, Jr. graduated with honors from Darlington School, Shorter College, and Mercer University Law School; and
WHEREAS, he is a member of B.P.O.E., Phi Alpha Delta Legal Fraternity and Alpha Tau Omega Social Fraternity; and
WHEREAS, he received the President's Citation for Meritorious Service issued by the President's Committee on Employment of Handi capped and he recently received the Alumnus of the Year Award from th Georgia Warm Springs Foundation; and
WHEREAS, he served in the House of Representatives during the 1966 and 1967 Sessions and he was recently elected to the office of Judge of the City Court of Floyd County; and
WHEREAS, as a member of the General Assembly he was most highly respected and his counsel and advice will be greatly missed during this Session; and
WHEREAS, the people of Floyd County are indeed fortunate in having a man with such outstanding ability and character as Judge of the City Court of Floyd County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Richard Lee Starnes, Jr. is hereby commended for his many outstanding achievements and sincerest con gratulations are hereby offered upon his being elected as Judge of the City Court of Floyd County and best wishes for his future are hereby extended.
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 Richard Lee Starnes, Jr.

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HR 106. By Messrs. Lowrey, Graves and Toles of the 9th:

A RESOLUTION
Commending Honorable David Harvey; and for other purposes.
WHEREAS, Honorable David Harvey was recently elected to the Rome City Commission; and
WHEREAS, he has been named "Young Man of the Year" by the Jaycees in Rome, Georgia; and
WHEREAS, he is the immediate past president of the Rome Jaycees and a member of numerous other civic organizations; and
WHEREAS, he has dedicated much of his time, ability and energy toward making the City of Rome and Floyd County a better place in which to live and he is to be commended for his many outstanding accomplishments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable David Harvey is hereby com mended for his many outstanding achievements and accomplishments.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and requested to transmit an appro priate copy of this Resolution to Honorable David Harvey.

HR 107. By Mr. Edwards of the 45th:
A RESOLUTION
Commending First Lieutenant James S. Bazemore; and for other purposes.
WHEREAS, First Lieutenant James S. Bazemore recently won the Bronze Star Medal for outstandingly meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from August 1967 to July 1968; and
WHEREAS, he is a native of Butler, Georgia; and
WHEREAS, he attended Butler High School, Young Harris College and the University of Georgia before entering the Army on February 14, 1966; and
WHEREAS, he attended Officers Candidate School at Fort Benning, Georgia, graduating on January 27, 1967 and receiving his commission as a Second Lieutenant; and

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WHEREAS, he left for Vietnam in July 1967 and was promoted to First Lieutenant soon after arriving there; and

WHEREAS, he is the son of Mr. and Mrs. James Bazemore and grandson of Mr. and Mrs. H. A. Sealy, all of Butler, Georgia; and

WHEREAS, he is married to the former Miss Linda Faye Rustin.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend First Lieutenant James S. Bazemore upon his being awarded the Bronze Star for outstanding service in Vietnam.

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 Lieutenant James S. Bazemore, Mr. and Mrs. James Bazemore and Mr. and Mrs. H. A. Sealy.

HR 108. By Messrs. Cole, Leonard and Smith of the 3rd:
A RESOLUTION
Expressing sympathy at the passing of Judge Tom Pope and for other purposes.
WHEREAS, this State was deeply shocked at the untimely passing of one of its most distinguished jurists, the Honorable Tom Pope, Judge of the Superior Court of the Conasauga Judicial Circuit; and
WHEREAS, Judge Pope had served continuously as a Judge of the Superior Court since the creation of the Conasauga Judicial Circuit in 1963, being appointed to that high judicial post by then-Governor Carl E. Sanders; and
WHEREAS, prior to assuming this judgeship, Tom Pope had dis tinguished himself as an outstanding practitioner of law and leader in the business, civil and religious life of his community and state; and
WHEREAS, the many contributions which this distinguished jurist has made to his community and State will be sorely missed by his un timely passing.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its deep est and most heartfelt sympathy to the family and many friends of Judge Tom Pope, and, in particular, to his bereaved widow, Jackie Smith Pope, and his three fine children, Nancy, Tom and Chris Pope.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Mrs. Jackie Smith Pope.

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333

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others;
A Bill to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes.

SB 25. By Senators Gillis of the 20th, Cox of the 21st, and Noble of the 19th:
A Bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an examination prior to receiving a renewal license under certain con ditions; and for other purposes.

SB 30. By Senator Holloway of the 12th:
A Bill to amend Code Chapter 56-3, so as to authorize the Commissioner to impose administrative fines in lieu of suspension, revocation, or re fusal to renew Certificates of Authority of insurers; and for other purposes.

SB 31. By Senator Holloway of the 12th:
A Bill to amend Code Section 56-801b, relating to the definition of cer tain terms, so as to change the definition of adjuster; and for other purposes.

SB 32. By Senator Holloway of the 12th:
A Bill to amend Code Section 56-317, relating to the power of the In surance Commissioner to revoke, suspend or refuse to renew the certifi cate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; and for other purposes.

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SB 33. By Senator Holloway of the 12th:
A Bill to amend Title 56 of the Code, relating to insurance, as amended, so as to authorize the Insurance Commissioner to impose administra tive fines in lieu of suspension, revocation or refusal to renew certain licenses; and for other purposes.

HB 3. By Mr. Busbee of the 61st:
A Bill to amend an Act providing the dates on which laws shall become effective, so as to provide that said Act shall not apply to local legisla tion nor to resolutions intended to have the effect of law; and for other purposes.

The Speaker Pro Tern assumed the Chair.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others.
A Bill to be entitled an Act to authorize public school teachers to con duct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; and for other purposes.
Referred to the Committee on Education.

SB 25. By Senators Gillis of the 20th, Cox of the 21st, and Noble of the 19th.
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an examination prior to receiving a renewal license under cer tain conditions; and for other purposes.
Referred to the Committee on Insurance.

SB 30. By Senator Holloway of the 12th.
A Bill to be entitled an Act to amend Code Chapter 56-3, so as to au thorize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation, or refusal to renew Certificates of Au thority of insurers; and for other purposes.
Referred to the Committee on Insurance.

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335

SB 31. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 56-801b (Insurance Code) relating to the definition of certain terms, so as to change the definition of adjuster; and for other purposes.
Referred to the Committee on Insurance.

SB 32. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 56-317, relating to the power of the Insurance Commissioner to revoke, suspend or refuse to renew the certificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such author ity; and for other purposes.
Referred to the Committee on Insurance.

SB 33. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to authorize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation or refusal to renew certain licenses, etc.; and for other purposes.
Referred to the Committee on Insurance.

Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
A Bill to be entitled an Act to amend an Act providing for a tax on cer tain deeds, instruments, or other writings transferring real estate, as amended, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

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HB 139. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the "Georgia Civil Practice Act", as amended, so as to provide that execution upon a judg ment and proceedings thereon may be taken for its enforcement as soon as it is entered; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Battle Bell Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke
Cole Collier Collins, S.
Colwell Conger Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W.

Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Douglas Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Holder

Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Knowles Kreeger Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell
Melton Merritt Milford Miller Mo ate Moore Mullinax

Nash Nes smith Nunn Odom Pafford Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey

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337

Reaves Roach Rowland Russell Salem Scarborough Scarlett Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason

Thompson. R. Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander Bond

Brown, B. D. Hill, B. L.

Jordan, G. Thompson, A. W.

Those not voting were Messrs.:

Barfield Bennett Berry Bray Brooks Busbee Collins, M. Cook Daugherty Dickinson Dorminy Edwards Fallin

Hargrett Higginbotham Hill, G. Hood Keyton Lambert Lane, Dick Lane, W. J. Matthews, C. Matthews, D. R. McCracken Miles Morris

Murphy Northcutt Paris Parker, H. W. Pickard Poole Ross Rush Shanahan Shepherd Smith, V. T. Ware Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 6.

The Bill, having received the requisite constitutional majority, was passed.

SB 8. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to provide that the service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; and for other purposes.

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The following Committee amendment was read and adopted:

The Judiciary Committee moves to amend S. B. 8 by striking the word "need" from the fourth line of the caption and by striking the word "need" from the next to last line of quoted subsection (3) in Sec tion 1 of the Bill.

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 Atherton Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes, C. L. Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell Cook Cooper Crowe Dailey

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Gignilliat Graves Gunter Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Holder

Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan Keen Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Melton Merritt
Miles Milford Miller

Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard

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339

Poole Potts Rainey Reaves Roach Ross Rowland Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Bowen Brooks Busbee Collins, S. Conner Dickinson Edwards Fallin

Floyd, J. H. Geisinger Grahl Hale Hargrett Harrison Hill, G. Jordan Keyton Lane, W. J. Matthews, C.

Matthews, D. R. McCracken Murphy Parker, H. W. Phillips, G. S. Pinks ton Rush Russell Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passeds as amended.

HB 112. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for the increas ing of death benefits in the amount of $500.00; and for other purposes.

The following amendment was read and adopted:
Mr. Harris of the 77th moves to amend HB 112 by striking from Section 5 the words and figures "April 1, 1969".
and inserting in lieu thereof the words and figures "May 1, 1969."

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Atherton Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dodson Dorminy Douglas

Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, E. W. Hawes Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick

Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell

Salem Scarborough Scarlett Shanahan Sherman
Simkins Sims Smith, J. R. Smith, V. T. Snow

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341

Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Wamble Ware

Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles
Williams Wilson Wood

Those not voting were Messrs.:

Alexander Ballard Barfield Bowen Brooks
Busbee Collier Collins, S.
Cook, R. M. DeLong

Dickinson Fallin Floyd, J. H. Gunter Hale
Hargrett Harrison Henderson
Hill, G. Johnson

Lane, W. J. Matthews, C. Matthews, D. R. McCracken Melton
Miles Parker, H. W. Phillips, G. S.
Shepherd Mr. Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Johnson of the 29th stated that he had been called from the floor of the House when the roll was called on HB 112, as amended, but had he been present would have voted "aye".

HR 45-87. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st, Whaley of the 93rd, Jones of the 87th and Battle of the 90th:
A Resolution declaring certain land as surplus, and empowering and di recting the Governor to execute the necessary documents, so as to vest title of said land in the County of Chatham; 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 113, nays 0.

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The Resolution, having received the requisite constitutional majority, was adopted.

HB 83. By Messrs. Harris of of the 77th and Holder of the 49th:
A Bill to be entitled an Act to authorize the gift of all or part of a human body after death for specified purposes and under certain con ditions; and for other purposes.

The following amendment was read and adopted:

Mr. Harris of the 77th moves to amend H.B. 83 in the following particulars:
(1) By changing the word "descendent" in subparagraph (b) of Section 1 to "Decedent"
(2) By adding at the end of sub-paragraph (b) (5) of Section 2 the following: "other than a guardian ad litem appointed for such purpose."
(3) By striking from subsection (c) of Section 7 the words "or the anatomical gift laws of another state (or a foreign country)"
(4) By changing the word "Uniform" in Section 9 to "Georgia."

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 Atherton Barber Battle Bell Bennett Berry Black Blalock

Bohannon Bond Bo stick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss

Caldwell Carnes Cato Chandler Clarke Cole Collier Colling, M. Colwell Conger Connell

Cooper Crowe Dailey Daugherty Davis, E. T.
Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl, D. K. Graves Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Holder Hood Horton Housley

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343

Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb
Jones, M. Jordan, G. Jordan, H. S.
Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatehey Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn

Pafford Paris Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Ross Rowland Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Brooks Busbee Gates Collins, S. Conner Cook Dean, J. L.

Dickinson Edwards Fallin Floyd, J. H. Gunter Hale Harrison Higginbotham Hill, G.

Matthews, C. Matthews, D. R. McCracken McDaniell Melton Miles Odom Parker, C. A. Parker, H. W.

344
Phillips, G. S. Pinkston Roach

JOURNAL OF THE HOUSE,

Rush Shepherd Westlake

Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following 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 67. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st, Grahl of the 40th, Peterson and Nunn of the 41st:
A Bill to provide that the Salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; and for other purposes.

Leave of absence was granted to Mr. Busbee of the 61st because of illness.

Mr. Jones of the 59th moved that, pursuant to law, the House do now adjourn until 10:00 o'clock, A.M., Monday, February 10, 1969, and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, A.M., Monday, February 10, 1969.

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345

Representative Hall, Atlanta, Georgia Monday, February 10, 1969

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. Clifton Duvall, Staff Member, First Baptist Church, Smyrna, Georgia.

The roll was called and the following Representatives answered to their names:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Beimett Berry Black Blaioek Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Cakhvell Games Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E.
Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Egan
Ellis Evans Ezzard Fallin Farmer Farrar Felton
Floyd, -I. H. Floyd, L. R. Funk Gary Gaynor Gei&inger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Harrington Harris, J. F.
Harris, J. R. Harris, R. W.

Harrison Henderson Hig-elnbotham Hill, B. L. Holder
Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M.
Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles
Kroeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leo, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McClatchey
McCracken McDaniell

346
Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson

JOURNAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L, Phillips, W. R. Pickard Pinks ton Poole Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simkins Sims Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

MONDAY, FEBRUARY 10, 1969

347

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 259. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to amend, consolidate and supersede the several acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
Referred to the Committee on Judiciary.

HB 261. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.
Referred to the Committee on Local Affairs.

HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide for issuing new birth certifi cates that are not marked amended; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hos pital in another State may be transferred to a hospital in Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

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HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 265. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.
Referred to the Committee on Local Affairs.

HB 266. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to exempt the State Board of Education from the provisions of said Act; and for other purposes.
Referred to the Committee on Education:

HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson and Kreeger of the 117th.
A Bill to be entitled an Act to change the boundaries of the seven Edu cation Districts of the Cobb County School District; and for other purposes.
Referred to the Committee on Local Affairs.

HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 269. By Messrs. Fallin of the 63rd and Bray of the 31st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that beginning with the 1969-70 fiscal school year the total cost of supporting the minimum foundation program of education shall be paid entirely from State funds; and for other purposes.
Referred to the Committee on Education.

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349

HB 270. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to amend Code Chapter 67-20, relating to Mechanics' and Materialmen's Liens, so as to restate the provisions in said Code Chapter as they presently exist, but to rectify an error in the Act approved March 1956 (Ga. L. 1956, p. 562), in which all references to registered architects, land surveyors and professional engineers were erroneously left out; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Title 32 relating to educa tion, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.
Referred to the Committee on Education.

HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.
Referred to the Committee on Education.

HB 273. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system, so as to change provisions relat ing to compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth:
A Bill to be entitled an Act to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 275. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, so as to

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change the compensation of the clerk serving the office of the commis sioner of roads and revenues for Cherokee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 276. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HR 92-276. By Mr. Dorminy of the 48th:
A Resolution compensating Mrs. Carrie P. Cornelius; and for other purposes.
Referred to the Committee on Appropriations.

HR 93-276. By Mr. Dorminy of the 48th: A Resolution compensating Mr. K. W. Justice; and for other purposes^
Referred to the Committee on Appropriations.

HR 94-276. By Mr. Wilson of the 117th:
A Resolution compensating Mr. Ray Douglas Martin; and for other purposes.
Referred to the Committee on Appropriations.

HR 95-276. By Mr. Fallin of the 63rd. r*
A Resolution compensating Mr. Vernon F. Holloman; and for other purposes.
Referred to the Committee on Appropriations.

HR 96-276. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Clarence Salmon; and for other purposes.
Referred to the Committee on Appropriations.

HR 97-276. By Mrs. Merritt of the 46th and Mr. Dodson of the 82nd: A Resolution proposing an amendment to the Constitution so as to

MONDAY, FEBRUARY 10, 1969

351

provide that only qualified voters who are freeholders, and their spouses, may vote in bond elections and elections which have for their purpose the raising or lowering of ad valorem taxes on real property; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 277. By Messrs. Daugherty of the 109th, Horton of the 95th, Jordan of the 55th, Alexander of the 108th, Dean of the 76th and others:
A Bill to be entitled an Act to abolish the death penalty in the State of Georgia; to provide for a statewide referendum; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A Bill to be entitled an Act to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88th. A Bill to be entitled an Act to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 280. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend Code Section 92-3211, relating to late, false and fradulent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.
Referred to the Committee on Ways and Means.
HB 281. By Messrs. Lambert of the 25th and Felton of the 95th: A Bill to be entitled an Act to amend Code Section 34-1006, relating to the time and method of the qualifications of candidates, so as to change the time within which candidates shall qualify; and for other purposes.
Referred to the Committee on State of Republic.

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HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th, Bond of the lllth, Farmer of the 16th and Evans of the 81st:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relat ing to exhaust systems, brakes and windshield wipers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 109-282. By Mr. Lambert of the 25th: A Resolution compensating Mr. Jessie T. Wellborn; and for other purposes.
Referred to the Committee on Appropriations.
HB 283. By Mr. Cole of the 3rd: A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners, so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of relationship to any Member of the said Board; and for other purposes.
Referred to the Committee on Local Affairs.

HR 110-283. By Messrs. Grahl of the 40th, Miller of the 83rd, Wamble of the 69th, Henderson of the 117th and Mrs. Hamilton of the 112th:
A Resolution adopting the "Report of the Teacher Retirement Com pensation Study Committee", and for other purposes.
Referred to the Committee on Education.

HR 111-283. By Mr. Dixon of the 65th: A Resolution compensating Clyde Perdie Lee; and for other purposes.
Referred to the Committee on Appropriations.

HR 112-283. Mr. Mauldin of the 12th: A Resolution compensating Mr. Travis Parson; and for other purposes.
Referred to the Committee on Appropriations.

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353

HR 114-283. By Mr. Gunter of the 6th:
A Resolution compensating Mr. Joe Jackson Chitwood; and for other purposes.
Referred to the Committee on Appropriations.

HR 115-283. By Mr. Gunter of the 6th:
A Resolution compensating Georgia Mountain Orchards, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

HR 116-283. By Mr. Gunter of the 6th: A Resolution compensating Mr. Tom Trotter; and for other purposes.
Referred to the Committee on Appropriations.

HB 284. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 285. By Mr. Harrison of the 66th: A Bill to be entitled an Act to authorize and empower the City of
Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Subdivision, Unit Two, City of Saint Marys; and for other purposes.
Referred to the Committee on Local Affairs.

HB 286. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 73-4 of the Code of 1933, so as to provide for a method of service of adoption proceedings upon parents who abandon the child to be adopted; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 287. By Mr. Harrison of the 66th: A Bill to be entitled an Act to consolidate the offices of tax receiver

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and tax collector of Camden County into the office of tax commission er of Camden County; and for other purposes.
Referred to the Committee on Local Affairs.

HE 117-287. By Mr. Salem of the 51st:
A Resolution creating the Sales Tax on Wholesalers Joint Study Com mittee ; and for other purposes.
Referred to the Committee on Ways and Means.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 222. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide a new charter for the Town of Walnut Grove; and for other purposes.

HB 223. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Section 88-520, relating to the payment of expenses incurred in connection with the examination of mentally ill persons, so as to increase the compensation for mem bers of the examining committee for mentally ill persons; and for other purposes.

HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter
for the City of LaGrange in the County of Troupe, so as to increase the corporate limits; and for other purposes.

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to prohibit the intentional dumping or leav ing of a dead dog in private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal, etc.; and for other purposes.

HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to

MONDAY, FEBRUARY 10, 1969

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adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.

HB 227. By Messrs. Parker of the 44th, Northcutt of the 21st, Parker of the 46th, Nessmith of the 44th, Mauldin of the 12th and others:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to provide that sales of advertising space in magazines, newspapers and other periodicals shall be included within the meaning of "retail sale" or "sale at retail"; and for other purposes.

HB 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

HB 229. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to revise, classify, consolidate, and super sede the present laws relating to the procedure in the courts of Geor gia in all criminal proceedings and to establish new laws relating there to; to provide for fair, speedy and impartial trial, adequate review and simplicity and fairness in procedure in all criminal proceeding; and for other purposes.

HB 230. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide for fines and fine and forfeiture fund and for disbursement and distribution of said fine and forfeiture fund and for priorities of claims against said fund, and for enforce ment of claims of officers of court in and to said fund; and for other purposes.

HB 231. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to authorize the Governor of the State of Georgia, in his discretion, to offer, and cause to be paid, rewards for the detection or apprehension of felons; and for other purposes.

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HB 232. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide more effectually for the col lection of costs of justices of the peace and constables, in criminal cases; and for other purposes.

HB 233. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to require jail fees and costs to be paid in advance in certain cases; and for other purposes.

HB 234. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to limit the criminal liability of any person who shall under certain conditions render assistance to any law enforce ment officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.
HB 235. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide for the execution of persons sentenced to the punishment of death, by electrocution; to provide that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the Director of Corrections; and for other purposes.
HB 236. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide that arresting officers in this State advising or in any way procuring the dismissal or settlement of criminal warrants in their hands for execution shall be guilty of a misdemeanor; and for other purposes.
HB 237. By Messrs. Smith of the 43rd, Harris of the 77th and Conger of the 68th:
A Bill to be entitled an Act to provide for the liability for and payment of costs in criminal prosecutions and proceedings; and for other pur poses.
HB 238. By Messrs. Vaughn of the 74th, Jones of the 50th, Harris of the 77th, Westlake of the 75th and others:
A Bill to be entitled an Act to repeal Code Section 92-5702 of the Georgia Code of 1933, defining "Fair Market Value" for the purpose of returning tangible property for taxation; and for other purposes.

MONDAY, FEBRUARY 10, 1969

357

HB 239. By Mr. Brown of the 32nd:
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 any act or omission to act within the scope of his duties or activities except under certain circumstances and for other purposes.

HB 240. By Messrs. Farmer of the 16th, Henderson, Wilson and Burruss of the 117th, Leonard of the 3rd, Parker of the 68th, Pafford of the 64th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for exemptions from the taxes imposed by said Act; and for other purposes.

HB 241. By Messrs. Maxwell of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th: A Bill to be entitled an Act to amend an Act entitled "Cash Appear ance Bonds in Traffic Cases", so as to authorize law enforcement offi cers of municipalities of this State to accept cash bonds in traffic viola tion cases occurring inside the corporate limits of a municipality and for other purposes.
HB 242. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A Bill to be entitled an Act to provide for grants to certain counties of this State; to establish the purposes for expenditure of such grants; and for other purposes.
HB 243. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide for grants to local units of school administration of the State of Georgia, including municipal school systems, to be used for general educational purposes; to provide for an annual financial report to be filed with the State Auditor; and for other purposes.
HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to amend an Act relative to the taxation of cigars and cigarettes as amended, so as to impose certain duties on dealers and distributors; and for other purposes.

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HB 245. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities of this State to be used for any public purposes, except paying the salaries of elected municipal officers; and for other pur poses.

HB 246. By Messrs. Leonard of the 3rd and Ballard of the 23rd:
A Bill to be entitled an Act to provide for a tax on bottled soft drinks and soft drink syrup; and for other purposes.

HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reim bursement of the sheriff for expenses incurred while on official busi ness outside of the State of Georgia; and for other purposes.

HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to create a new charter for the City of Rossville in the County of Walker; and for other purposes.

HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to provide for the education and rehabilita tion of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.

HB 251. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Tift County, so as to change the salary of the Chairman and Vice-Chairman and for other purposes.

HB 252. By Messrs. Chandler of the 34th, Smith of the 3rd and Atherton of the 117th:
A Bill to be entitled an Act to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; and for other purposes.

HR 88-252. By Mr. DeLong of the 80th: A Resolution proposing an amendment to the Constitution, so as to

MONDAY, FEBRUARY 10, 1969

359

authorize the General Assembly to provide for the consolidation of two or more counties into one; and for other purposes.

HR 89-252. By Mr. Graves of the 9th:
A Resolution compensating Mr. Robert Lee Baldwin; and for other purposes.

HR 90-252. 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.

HB 253. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.

HB 254. By Messrs. Henderson, Wilson and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.

HB 255. By Mr. Henderson of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physician or surgeon, licensed to practice medicine and surgery in this State, to perform a sterilization procedure on any person, including a minor, either legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person; and for other pur poses.

HB 256. By Messrs. Evans, Scarborough and Pinkston of the 81st, Miller of the 83rd and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restric tion on municipal corporations in this State, having a population of more than 69,000, from levying a tax on amusement admissions; and for other purposes.

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HB 257. By Messrs. Evans, Scarborough and Pinkston of the 81st, Miller of the 83rd and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restric tion on municipal corporations in this State, having a population of more than 69,000, from charging a tax on rooms, lodgings or accom modations; and for other purposes.

HB 258. By Mr. McCracken of the 36th: A Bill to be entitled an Act to amend Code Section 34-1407, relating to the custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other ballots; and for other pur poses.
SB 21. By Senators Miller of the 43rd, Gillis of the 20th, Abney of the 53rd and others: A Bill to be entitled an Act to authorize public school teachers to conduct a brief period of silent prayer or meditation with the partici pation of all pupils at the opening of school upon every school day; and for other purposes.
SB 25. By Senators Gillis of the 20th, Cox of the 21st, and Noble of the 19th: A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the require ments of taking an examination prior to receiving a renewal license under certain conditions; and for other purposes.
SB 30. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Code Chapter 56-3, so as to autho rize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation, or refusal to renew Certificates of Au thority of insurers; and for other purposes.
SB 31. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Code Section 56-801b (Insurance Code) relating to the definition of certain terms, so as to change the definition of adjuster; and for other purposes.
SB 32. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Code Section 56-317, relating

MONDAY, FEBRUARY 10, 1969

361

to the power of the Insurance Commissioner to revoke, suspend or re fuse to renew the certificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; and for other purposes.

SB 33. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to insurance, so as to authorize the Insurance Commissioner to impose administrative fines in lieu of suspension, revocation or refusal to renew certain licenses, etc.; and for other purposes.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 169. Do Pass.
HB 170. Do Pass.
HB 172. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institution & Property has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

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HR 36-68. Do Not Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 14. By Senators Hudgins of the 15th and Jackson of the 16th:
A Resolution relative to the National System of Interstate and Defense Highways; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

SB 19. By Senators Bateman of the 27th and Adams of the 26th:
A Bill to amend an Act entitled "An Act to reenact the Charter of the City of Macon so as to increase pension benefits payable to dependents of firemen and policemen whose deaths result in the line of duty and other causes"; and for other purposes.

SB 27. By Senator Searcey of the 2nd:
A Bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, etc.", so as to provide that said county officers shall be elected on a county wide basis by the voters of Chat ham County; and for other purposes.

SB 70. By Senator Jackson of the 16th:
A Bill to amend an Act abolishing the fee system in the superior courts of Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor general; and for other purposes.

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363

KB 10. By Messrs. Odom, Hutchinson, Busbee and Lee of the 61st:
A Bill to amend an Act relating to pensions of the City of Albany, so as to increase the amount which the City of Albany may levy, etc.; and for other purposes.

HB 27. By Mr. Sorrells of the 24th:
A Bill to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500; and for other purposes.

HB 29. By Mrs. Merritt of the 46th and Mr. Parker of the 46th:
A Bill to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the employer and employee contributions to said retirement system; and for other purposes.

HB 36. By Mr. Collier of the 54th:
A Bill to amend an Act providing for a Charter for the City of Smithville, so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of 15 mills on the dollar upon the assessed values of all real and personal property; and for other purposes.

HB 38. By Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th and Paris of the 14th:
A Bill to provide an expense allowance for operation of the office of District Attorney of the Western Judicial Circuit; and for other pur poses.

HB 40. By Mr. Sorrells of the 24th;
A Bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.

HB 41. By Mr. Sorrells of the 24th:
A Bill to amend an Act placing the compensation of the Clerk of the Superior Court, the Ordinary and Coroner of Walton County on a salary basis in lieu of a fee basis, so as to change the compensation of said officers; and for other purposes.

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HB 42. By Mr. Sorrells of the 24th:
A Bill to amend an Act creating the Office of Tax Commissioner of Walton County, so as to change the compensation of the Tax Commis sioner; and for other purposes.

HB 43. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th:
A Bill to amend an Act relating to permanent pension fund for present and future employees of Muscogee County, so as to provide that em ployees of the Muscogee County Hospital Authority and Airport Com mission shall be eligible to join the Pension Fund; and for other purposes.

HB 54. By Mr. Sorrells of the 24th:
A Bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the compensation of the chairman and other commissioners; and for other purposes.

HB 55. By Mr. Sorrells of the 24th:
A Bill to amend an Act changing the manner and method of choosing members of the Board of Education of Walton County, so as to provide that members of the Walton County Board of Education shall be elected by the electors of the Walton County School District; and for other purposes.

HB 56. By Mr. Gunter of the 6th:
A Bill to amend an Act creating the City Court of Habersham County, so as to change the compensation of the judges and solicitor of said court; and for other purposes.

HB 57. By Mr. Gunter of the 6th:
A Bill to amend an Act creating a Board of Commissioners of Haber sham County, so as to change the compensation of the commissioners; and for other purposes.

HB 65. By Messrs. Parker, Lane and Nessmith of the 44th: A Bill to grant a new charter to the Town of Newington in Screven County; 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:

MONDAY, FEBRUARY 10, 1969

365

SB 19. By Senators Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the Charter of the City of Macon so as to increase pension benefits pay able to dependents of firemen and policemen whose deaths result in the line of duty and other causes; and for other purposes.
Referred to the Committee on Local Affairs.

SB 27. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize commissioners of Chatham County . . .", so as to provide that said county officers shall be elected on a county wide basis by the voters of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 70. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the superior courts of Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor general; and for other purposes.
Referred to the Committee on Local Affairs.

SR 14. By Senator Hudgins of the 15th and Jackson of the 16th:
A Resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
Referred to the Committee on Highways.

The following Resolution of the House was read and adopted:

HR 113. By Messrs. Ware, Blalock, Mullinax and Potts of the 30th and Wood of the llth:
A RESOLUTION
Convening a joint session of the General Assembly for the purpose of hearing an address by Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House of Representatives and Senate convene in joint ses sion at 11:00 a.m., on February 10, 1969, in the Chamber of the House

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of Representatives for the purpose of hearing an address by Major Ste phen W. Pless and Lieutenant Colonel Joe M. Jackson, recent recipients of the Congressional Medal of Honor.

The Speaker appointed as a Committee of Escort on the part of the House the following members thereof:

Messrs. Gignilliat of the 89th, Berry of the 85th, Brantley of the 114th, Collins of the 72nd, Crowe of the 1st, Dean of the 19th, Lane of the 101st and Russell of the 70th.

The following report from the Fannin Superior Court, with reference to the election contest between Howard Kaylor and Howard Simmons, was received:
Flint Davis, et al Plaintiffs

Vs:

Howard Kaylor, et al Defendants
Fannin Superior Court No. 2035 Election Contest

ORDER

It appearing to the Court that the House of Representatives of the General Assembly of Georgia in an election contest proceeding, has declared that the election for representative from the Fourth Repre sentative District of Georgia, consisting of Fannin and Gilmer Counties, to be void and of no effect, and that the House declared said office va cant and directed that a special election be held to fill the same; and
It further appearing that all further proceedings in this case are now moot, other than the disposition of the ballots, and other election records, relating to said race; and
It further appearing that the House of Representatives directed that this matter be referred to the Attorney General of Georgia for such action as he might deem appropriate;

It is therefore ordered, that the orders of this Court heretofore im pounding the ballots and other election records of Gilmer and Fannin

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367

Counties are hereby rescinded, and the Sheriffs of Gilmer and Fannin Counties are directed to turn said ballots over to the Ordinaries of said Counties, to be safely kept by them subject to the direction of the At torney General of Georgia, and upon the failure of the Attorney General of Georgia to request said ballots and election records within a period of sixty (60) days from this date, the Ordinaries of said Counties are respectively directed to submit said ballots and other election records to the next grand jury which convenes in each County, after which, said records may be destroyed if no investigation or other proceedings are then pending in connection therewith.

Further ordered, that a copy of this order be transmitted to the Attorney General of Georgia, and to the Clerk of the House of Repre sentatives of the General Assembly of Georgia,
This 30th day of January, 1969.

/s/ Robert L. Vining, Jr. Judge, Conasauga Judicial Circuit Sitting as Election Contest Judge

The following communication from the State Board of Pardons and Paroles was received:
STATE BOARD OF PARDONS AND PAROLES Atlanta, Georgia 30303 January 21, 1969
Honorable Glenn W. Ellard Clerk, House of Representatives Room 332, State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
Section 77-526, Code of Georgia, Annotated, requires this Board to report on its activities to the General Assembly biennially.
It is requested that a copy of the attached report be furnished each member of the House of Representatives.

JOP/mgp Enclosures

Sincerely, /s/ J. O. Partain, Jr., Chairman /s/ Rebecca L. Garrett, Member /s/ Joseph G. Maddox, Member

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As requested, a copy of the report was distributed to each member of the House of Representatives and is on file in the office of the Clerk of the House of Representatives.

The following communication from the State Board of Pardons and Paroles was received:

STATE BOARD OF PARDONS AND PAROLES Atlanta, Georgia 30303 January 20, 1969

Honorable George L. Smith Speaker of the House of Representatives Room 332, State Capitol Atlanta, Georgia 30334

Dear Speaker Smith:

As required by Paragraph XI of Article V, Section 2-3011, of the Constitution of the State of Georgia of 1945, the State Board of Pardons and Paroles herewith transmits to the General Assembly of the State of Georgia, in full detail, each case of pardon, parole, commutation, re moval of disabilities or remission of sentence granted, stating the name of the inmate, the offense for which he was convicted, the sentence and its date, the date of the p ardon, parole, commutation, removal of dis abilities or remission of sentence granted by the Board in the best inter est of society during the 1966-67 and 1967-68 fiscal years.

With the expression of our highest esteem for you and for the Members of the House, and with our best wishes.

JOP/mgp

Sincerely,
/s/ J. O. Partain, Jr., Chairman /s/ Rebecca L. Garrett, Member /s/ Joseph G. Maddox, Member

The complete file transmitted with this letter is on file in the office of the Clerk of the House of Representatives.

The following Resolutions of the House were read and adopted:

MONDAY, FEBRUARY 10, .1969

369

HR 118. By Messrs. Levitas, Harris and Thomason of the 77th, Harris of the 67th, Jones of the 84th, Snow of the 1st, Alexander of the 108th, Hill of the 94th, Nunn of the 41st, Lee of the 61st, Dodson of the 82nd and many others:

A RESOLUTION
Expressing regret at the passing of Mr. Ralph Emerson McGill; and for other purposes.

WHEREAS, on Monday, Feburary 3, 1969, Mr. Ralph Emerson McGill, one of the greatest newspapermen in the United States, passed away; and

WHEREAS, his dedication to his profession was exceeded only by his dedication to his fellowman and the principles of justice; and

WHEREAS, the numerous honors bestowed upon him in recognition of his ability, including being awarded the Pulitzer Prize, can only partially testify to his genius and dedication; and

WHEREAS, no man can better serve his society than by pointing out the injustices practiced within the society in order to stir the con science of its members and bring about an end to such injustices; and

WHEREAS, no man served the South, which he loved so well, more effectively or with such remarkable ability as Mr. Ralph McGill; and

WHEREAS, he will be missed not only by the oppressed, for whom he spoke with such eloquence, but by all men of conscience, under standing, and compassion throughout the South, the United States and
the world.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Mr. Ralph Emerson McGill and extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to his widow, Mrs. Ralph E. McGill; his son, Mr. Ralph E. McGill, Jr.; and the Atlanta Constitution.

HR 119. By Messrs. Floyd of the 7th, McDaniell of the 117th, Hale of the 1st, Dean of the 19th, Lowrey and Graves of the 9th, Smith of the 3rd and many others:
A RESOLUTION
Expressing regrets at the passing of Vivian Davis; and for other purposes.

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WHEREAS, Vivian Davis, the wife of the distinguished Congress man from Georgia's Seventh Congressional District, recently passed away after an extended illness; and

WHEREAS, during the many months of her illness, Vivian Davis never lost her indomitable spirit or her abiding faith; and

WHEREAS, during her long and fruitful life, Vivian Davis pro vided an exemplary example for the conduct of all of our lives; and

WHEREAS, the many contributions which this magnificent lady provided to this State will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the passing of Vivian Davis, the wife of Geor gia's distinguished Congressman, John W. Davis, and does hereby ex tend to Congressman Davis its most heartfelt condolences.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to Congressman John W. Davis.

HR 125. By Messrs. McDaniell, Atherton, Burruss, Henderson, Housley, Kreeger and Wilson of the 117th:
A RESOLUTION
Relative to the Lockheed Georgia Corporation; and for other purposes.
WHEREAS, the Lockheed Georgia Corporation has graciously in vited the General Assembly to tour their facilities and inspect the C-5A on February 13, 1969; and
WHEREAS, the Lockheed Georgia Corporation has focused the at tention of the world upon this State through their production of the largest airplane in the world; and
WHEREAS, it will be a distinct honor and pleasure for the mem bers of the General Assembly to inspect the facilities of this outstand ing industry.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby gratefully accept the most gracious invitation of the Lockheed Georgia Corporation to visit with them on February 13, 1969.

MONDAY, FEBRUARY 10, 1969

371

HR 126. By Messrs. Chandler and Harrington of the 34th:

A RESOLUTION

Urging donations for the Central State Hospital Circus Fund; and for other purposes.

WHEREAS, Hoxie Brothers Circus performed at a special show for the patients at Central State Hospital last year; and

WHEREAS, the circus was a booming success, and the patients thoroughly enjoyed the performance; and

WHEREAS, $2,200.00 is needed to insure the performance by the circus again this year; and
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body are hereby urged to donate $1.00 or more to the Central State Hospital Fund to insure another performance by the circus for the patients at the hospital this year.

Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 113. By Mr. Harrison of the 66th:
A Bill to amend Georgia Code 15-105 to extend boundary between Geor gia and Florida from the mouth of the St. Marys River to the seaward limit of Georgia; and for other purposes.

The following substitute, offered by Mr. Harrison of the 6th, was read and adopted.
A BILL
To be entitled an Act to Amend Georgia Code Section 15-105, relat ing to the boundary line between the states of Georgia and Florida, so as to extend the boundary between Georgia and Florida from the mouth of the St. Marys River to the seaward limit of Georgia as now or here after fixed by the Congress of the United States; to provide that such boundary is to be considered to extend beyond the seaward limit of the sovereign jurisdiction of this State should any need for further delimita tion arise; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1

Georgia Code Section 15-105, relating to the boundary line between the states of Georgia and Florida, is hereby amended by adding at the end thereof the following:

". . . thence along the middle of the presently existing St. Marys' entrance navigational channel to the point of intersection with a hypothetical line connecting the seaward most points of the jetties now protecting such channel; thence along said line to a control point of latitude 30 42' 45.6" north, longitude 81 24' 15.9" west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90 bearing so far as a need for further delimitation may arise.",

so that Code Section 15-105 when so amended shall read as follows:
"15-105. The boundary line between Georgia and Florida shall be the line described from the junction of the Flint and Chattahoochee Rivers to the point 37 links north of Ellicott's Mound, on the St. Marys River; thence down said river to the Atlantic Ocean; thence along the middle of the presently existing St. Marys' en trance navigational channel to the point of intersection with a hy pothetical line connecting the seaward most points of the jetties now protecting such channel; thence along said line to a control point of latitude 30 42' 45.6" north, longitude 81 24' 15.9" west; thence due east to the seaward limit of Georgia as now or here after fixed by the Congress of the United States; such boundary to be extended on the same true 90 bearing so far as a need for fur ther delimitation may arise."

Section 2
This Act shall not become effective until and unless by November 1, 1970 the Congress of the United States shall ratify, confirm, adopt or otherwise consent thereto.

Section 3
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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373

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burrus Busbee Caldwell Carnes Gates Cato Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard

Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harris, J. F. Harris, R. W. Harrison Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell, R.

McClatchey McCracken McDaniell Melton Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.
Patterson Peters
Peterson Phillips, L. L.
Phillips, W. R. Pickard
Pinkston Poole Rainey
Reaves Ross
Rowland Russell
Salem Scarborough Scarlett
Shanahan Shepherd Sherman
Simkins Sims
Smith, J. R. Smith, V. T.
Sorrells Sweat Thomason
Thompson, A. W. Thompson, R.
Toles Townsend
Wamble Ware
Westlake

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Wheeler, J. A. Winkles

Williams Wood

Voting in the negative was Mrs. Merritt.

Those not voting were Messrs.:

Barfield Bond Chandler Clarke Dailey Dickinson Edwards Farmer

Hale Harrintgon Harris, J. R. Hawes Henderson Hill, B. L. Jones, Herb Matthews, D. R.

Phillips, G. S. Potts Roach Rush Snow Vaughn Wilson Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mrs. Merritt of the 46th stated that she had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 113, by substitute.

HB 114. By Mr. Harrison of the 66th:
A Bill to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from the mouth of River Savannah to sea ward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.

The following substitute, offered by Mr. Harrison of the 66th, was read and adopted:
A BILL
To be entitled an Act to amend Georgia Code Section 15-102, re lating to the boundary line between the states of Georgia and South Carolina, so as to extend the boundary between Georgia and South Carolina from the mouth of the River Savannah to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; to provide that such boundary is to be considered to extend beyond the seaward limit of the sovereign jursdiction of this State should any

MONDAY, FEBRUARY 10, 1969

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need for further delimitation arise; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1

Georgia Code Section 15-102, relating to the boundary line between the states of Georgia and South Carolina, is hereby amended by adding at the end thereof the following:

"Seaward from the mouth of the River Savannah the boundary shall follow the present center of Tybee Knoll Cut Range to the hypothetical line connecting the seaward most end points of the ex isting protective jetties; thence along said line to a control point at latitude 32 02' 15.4" north, longitude 80 51' 09.4" west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90 bearing so far as a need for further delimita tion may arise.",
so that Code Section 15-102 when so amended shall read as follows:
"15-102. The boundary between Georgia and South Carolina shall be the line described as running from the mouth of the River Savannah, up said river and the rivers Tugalo and Chattooga, to the point where the last-named river intersects with the 35th parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said States at Beaufort on the 28th of April, 1787. Seaward from the mouth of the River Sa vannah the boundary shall follow the present center of Tybee Knoll Cut Range to the hypothetical line connecting the seaward most end points of the existing protective jetties; thence along said line to a control point at the latitude 32 02' 15.4" north, longitude 80 51' 09.4" west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such, boundary to be extended on the same true 90 bearing so far as a need for further delimitation may arise."

Section 2

This Act shall not become effective until and unless by November 1, 1970 the Congress of the United States shall ratify, confirm, adopt or otherwise consent thereto.

Section 3

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

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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 Atherton Ballard Barber Battle Bell Bennett Berry Black Bohannon Bo stick
Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burrus Busbee Caldwell Games Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy

Douglas Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. K. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J.

Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough

Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T.

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377

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble

Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs. :

Barfield Blalock Bond Clarke Dickinson Edwards Hale

Harris, J. R. Hawes Henderson Jones, Herb Matthews, D. R. McCracken Phillips, G. S.

Pickard Snow Vaughn Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 174, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 115. By Mr. Harrison of the 66th: A Bill to amend Georgia Code 15-101 so as to conform same to the pres ently existing boundaries of this State; and for other purposes.
The following amendment was read and adopted:
Mr. Harrison of the 66th moves to amend House Bill No. 115 as follows:
By inserting immediately following the phrase: "Georgia Code Sec tion 15-101" the following:
", relating to the boundaries of this state," wherever the same shall appear in said Bill.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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HR 37-68. By Messrs. Smith of the 44th, Matthews and Farmer of the 16th:
A Resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the "Moina Michael Highway"; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Highways moves to amend H. R. 37-68, as follows:
By adding at the end thereof the following language:
"... said signs to be erected and placed, at sites, within the dis cretion of the State Highway Department."

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burr us Busbee Caldwell Games Gates Cato

Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong, L. Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis

Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L.

MONDAY, FEBRUARY 10, .1969

379

Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C.

Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach

Ross Rowland
Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins
Sims Smith, J. R. Smith, V. T.
Snow Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Barfield Bennett Bond Cook Edwards

Farmer Harris, J. R. Matthews, D. R. McCracken Parker, C. A.

Phillips, G. S. Pickard Thompson, R. Wilson Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 178, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SB 16. By Senators Webb of the llth and Broun of the 46th: A Bill to be entitled an Act to amend all Acts, Resolutions and Code

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Sections in which the phrase "Solicitor General" appears by striking said phrase and substituting in lieu thereof the phrase "District At torney"; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:
Mr. McClatchey of the 113th moves to amend SB 16 by adding a sentence in Section 1 as follows:
This provision shall be applicable only to the Chief Prosecuting Officers of the Judicial Circuits of Georgia.

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 Atherton Ballard Barber Battle Bennett Berry Black Blalack Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke
Cole Collier Collins, M.

Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Egan
Ellis Evans Ezzard Fallin Felton Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor

Geisinger Gignilliat Grahl Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp

MONDAY, FEBRUARY 10, 1969

381

Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Moate Moore Morris Mullinax

Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell

Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Barfield Bell Bond Bowen Brown, J. D. Collins, S. DeLong Edwards Farmer

Farrar Hadaway Hale Harris, J. R. Henderson Higginbotham Johnson Levitas Mason

McCracken Melton Parker, C. A. Snow Thomason Westlake Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolution of the House, to-wit:

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HR 113. By Messrs. Ware, Blalock, Mullinax, Potts of the 30th, and Wood of the llth.
A Resolution convening a Joint Session of the General Assembly for the purpose of hearing an address by Major Stephen W. Pless and Lt. Colonel Joe M. Jackson; and for other purposes.

Pursuant to HR 113 adopted by the House and Senate, the Senate appeared upon the floor of the House at 11:00 A.M., and the Joint Session convened for the purpose of hearing an address by Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson, recent recipients of the Congressional Medal of Honor.
The Joint Session was called to order by the President of the Senate.
HR 113, calling for the Joint Session, was read.

Accompanied by the Committee of Escort and other distinguished guests, Major Stephen W. Pless appeared upon the floor of the House.

Lieutenant Governor Smith presented Honorable Crawford Ware of the 30th for the purpose of introducing the distinguished Medal of Honor recipients from Newnan, Coweta County, Georgia. After explaining that Lieutenant Colonel Jackson could not be present because of being grounded in a snowstorm in Boston, Massachusetts, Mr. Ware read the two citations given by the President of the United States in making the presentations and introduced Major Stephen W. Pless, who addressed the members of the General Assembly, expressing his ap preciation for the gallantry and bravery of our servicemen in Viet Nam. He further stated that the morale of our fighting men there is high.

Senator Webb of the llth moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Mr. Lambert of the 25th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 11, 1969

383

Representative Hall, Atlanta, Georgia Tuesday, February 11,1969

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. Frank Terry, Pastor, Butler United Methodist Church, Butler, Georgia:
"O Gracious God and Master; with reverent and glad hearts we approach Thee this morning. We give thanks for this new day--in which we have never lived. For sound minds, and strong bodies we are humbly grateful. For this free land and the heritage that is ours, we express our hearty thanksgiving.
"Thou knowest our necessities before we ask, and our ignorance in asking; but we come in the fellowship of prayer to seek divine light upon our ways and courage to follow thy bidding. In this day of com plex decision and sometimes dangerous problems, give to these and all leaders of our state the wisdom to choose the right. Grant to us all the grace to rise above individual self-interest and narrow vision. Make us indeed the servants of our God.
"We pray in the name of Thy Son Jesus Christ,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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.

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4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions re quiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 289. By Mr. Felton of the 95th:
A Bill to be entitled an Act to attract investment capital and to promote the growth of industry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limita tion as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribution system and all necessary appurtenances connected therewith outside the city limits of the City of Albany; and for other purposes.
Referred to the Committee on Local Affairs.

HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 11, 1969

385

HB 292. By Mr. Mason of the 13th:
A Bill to be entitled an Act to repeal an Act entitled, "An Act to establish the city court of Buford, in the City of Buford, in the county of Gwinnett ....."; and for other purposes.
Referred to the Committee on Local Affairs.

HB 293. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park (now City of Forest Park), so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 294. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.
Referred to the Committee on Local Affairs.

HB 295. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to amend Code Section 57-101, relating to the legal rates of interest, so as to provide that certain loans guaranteed by the Veterans Administration or insured by the Federal Housing Administration, may bear interest in excess of eight per cent per annum; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Dailey of the 53rd, Bray of the 31st, Gary of the 21st and others:
A Bill to be entitled an Act to provide for reimbursement of reason able relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.
Referred to the Committee on Industry.
HB 297. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 298. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 299. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Tattnall County, so as to change the compensation of the chairman; and for other purposes.
Referred to the Committtee on Local Affairs.

HB 300. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 301. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 302. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County), so as to change the compensation of said commissioner and the clerical assistant thereof; and for other purposes.
Referred to the Committee on Local Affairs.

HB 303. By Mr. Hale of the 1st:
A Bill to be entitled an Act to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, FEBRUARY 11, 1969

387

HB 304. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 305. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.
Referred to the Committee on Local Affairs.

HB 306. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other com pensation he is entitled to receive by law; and for other purposes.
Referred to the Committee on Local Affairs.

HB 307. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensation of the Ordinary of Burke County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 308. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 309. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or clerical assistants; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 310. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 311. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the sheriff and deputy sheriff of Randolph County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 312. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend the Charter of the City of Montezuma, so as to change the date for the holding of elections; and for other purposes.
Referred to the Committee on Local Affairs.

HB 313. By Mrs. Merritt and Mr. Parker of the 46th:

A Bill to be entitled and Act to amend an Act abolishing the fee system

:

of compensating the Clerk of the Superior Court and City Court Clerk

in the County of Sumter and providing a salary system in lieu thereof,

so as to change the compensation of said clerk and one of his clerks;

and for other purposes.

Referred to the Committee on Local Affairs.

HB 314. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation of said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 315. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the city court of Oglethorpe; and for other purposes.
Referred to the Committee on Local Affairs.

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389

HB 316. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.
Referred to the Committee on Local Affairs.

HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th, Sweat of the 65th, Rush of the 51st, Thompson of the 85th and others:
A Bill to be entitled an Act 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, so as to provide that no person who is a member of the State Board of Corrections shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 318. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act 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.
Referred to the Committee on Special Judiciary.

HB 319. By Mr. McClatchey of the 113th:
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 or variable annuity contracts which shall not consti tute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.
Referred to the Committee on Insurance.

HB 320. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.
Referred to the Committee on Insurance.

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HB 321. By Mr. Chandler of the 34th:
A Bill to be entitled an Act to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; and for other purposes.
Referred to the Committee on Industry.

HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th, Longino of the 98th:
A Bill to be entitled an Act to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th, Longino of the 98th:
A Bill to be entitled ati Act to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous and intoxicating liquors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 324. By Messrs. Smith of the 3rd, Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful for any person to remove, alter, damage or otherwise interfere with the operation of any device controlling or abating crankcase and exhaust emissions which is placed on a motor vehicle by the manu facturer pursuant to certain regulations; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 325. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corpora tions, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.
Referred to the Committee on Local Affairs.
HB 326. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an additional meeting date each month; to change the compensation of said commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

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391

HB 327. By Messrs. Smith of the 3rd and Horton of the 95th:
A Bill to be entitled an Act to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 328. By Mr. Joiner of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 329. By Messrs. Matthews of the 16th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 120-329. By Mr. Whaley of the 93rd: A Resolution compensating Mrs. H. F. Jackson; and for other purposes.
Referred to the Committee on Appropriations.

HR 121-329. By Mr. Reaves of the 71st: A Resolution compensating Mr. J. C. Sapp; and for other purposes.
Referred to the Committee on Appropriations.

HR 122-329. By Mr. Colwell of the 5th: A Resolution compensating H. L. Wright; and for other purposes.
Referred to the Committee on Appropriations.

HR 123-239. By Mr. Colwell of the 5th: A Resolution compensating M. A. Giles; and for other purposes.
Referred to the Committee on Appropriations.

HR 124-329. By Mr. Colwell of the 5th: A Resolution compensating Doris E. McGuire; and for other purposes.
Referred to the Committee on Appropriations.

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HB 330. By Messrs. Smith of the 43rd, Chandler of the 34th and Conner of the 56th:
A Bill to be entitled an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property"; to change the definition of the term "vending stand"; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th, Shepherd of the 107th and Bell of the 73rd:
A Bill to be entitled an Act to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national origin of the person upon whom the arrest is being made; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth, Berry of the 85th:
A Bill to be entitled an Act to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 333. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act exempting the compensa tion received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
Referred to the Committee on Ways and Means.
HB 334, By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

TUESDAY, FEBRUARY 11, 1969

393

HB 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend the Code of Georgia, so as to provide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall be valid and binding; to provide that the deeds, security deeds and other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 336. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from, and be tween facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes. Referred to the Committee on Defense and Veterans Affairs.
HB 337. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act providing that the State Highway Board shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of munici palities, so as to remove the limitations upon the expenditure of funds by the State Highway Board in certain municipalities; and for other purposes. Referred to the Committee on Highways.
HB 338. By Mr. Paris of the 14th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.
Referred to the Committee on Local Affairs.
HB 339. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 340. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically de scribed property in order to extend Railroad Street; and for other purposes.
Referred to the Committee on Local Affairs.

HB 341. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Statham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolu tion ; and for other purposes.
Referred to the Committee on Local Affairs.
HR 127-341. By Mr. Geisinger of the 72nd:
A Resolution calling a Constitutional Convention and providing for the procedure and other matters relative thereto; and for other purposes.
Referred to the Committee on Judiciary.
HR 128-341. By Mr. Paris of the 14th:
A Resolution authorizing the Governor, on behalf of the State of Geor gia, to convey to Plantation Pipe Line Company, an easement for rightof-way purposes for a petroleum products pipeline or pipeline across certain lands of Port Yargo State Park in Barrow County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 129-341. By Messrs. Harris of the 77th, Jones and Buck of the 84th, Thomp son and Levitas of the 77th, Nunn of the 41st, Lambert of the 25th, Egan of the 116th, Hill of the 94th, Lee of the 61st, Cato of the 68th, Fallin of the 63rd, Bennett of the 71st, Alexander of the 108th, Snow of the 1st, Cooper of the llth, Dodson of the 82nd, Ross of the 26th, Harris of the 67th and Jordan of the 65th:
A Resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.

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395

HB 342 By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 343. By Messrs. Levitas of the 77th, Carnes of the 104th, Winkles of the 96th and Miller of the 83rd:
A Bill to be entitled an Act to authorize counties to levy either a local retail sales tax or a payroll tax under certain circumstances; to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for authorizing the counties to levy the local sales tax provided herein; and for other purposes. Referred to the Committee on Ways and Means.
HB 344. By Messrs. Levitas of the 77th, Carnes of the 104th, Winkles of the 96th, Miller of the 83rd, Gary of the 21st, Atherton of the 117th, and Thompson of the 86th: A Bill to be entitled an Act to authorize counties to levy a local retail sales tax under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.
HB 345. By Messrs. Levitas of the 77th, Carnes of the 104th, Winkles of the 96th and Miller of the 83rd: A Bill to be entitled an Act to authorize counties to levy a payroll tax under certain circumstances; to define certain terms; to provide for the proper administration and enforcement of this Act; to provide for penalties for the violation of this Act; to provide for secrecy of payroll tax returns; to provide for the distribution of revenue; to provide for all other matters relative to the foregoing; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following bills and Resolutions of the House and Senate were taken up for consideration and read the second time:
HB 259. By Messrs. Smith and Caldwell of the 39th: A Bill to be entitled an Act to amend, consolidate and supersede the the several acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.

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HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, for public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

HB 261. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.

HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide for issuing new birth certifi cates that are not marked amended; and for other purposes.

HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; and for other purposes.

HB 264. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.

HB 265. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporation limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.

HB 266. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to exempt the State Board of Education from the provisions of said Act; and for other purposes.

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397

HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson, and Kreeger of the 117th:
A Bill to be entitled an Act to change the boundaries of the seven Education Districts of the Cobb County School District; and for other purposes.

HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other purposes.

HB 269. By Messrs. Fallin of the 63rd and Bray of the 31st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that beginning with the 1969-70 fiscal school year the total cost of supporting the minimum foundation program of education shall be paid entirely from State funds; and for other purposes.

HB 270. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to amend Code Chapter 67-20, relating to Mechanics' and Materialmen's Liens, so as to restate the provisions in said Code Chapter as they presently exist, but to rectify an error in the Act approved March 1956 (Ga. L. 1956, p. 562), in which all references to registered architects, land surveyors and professional engi neers were erroneously left out; and for other purposes.

HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Title 32 relating to educa tion, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.

HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for vocational schools; and for other purposes.
HB 273. By Messrs. Roach, Poole and Harris of the 10th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of

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Cherokee County on a salary system, so as to change provisions relating to compensation; and for other purposes.

HB 274. By Messrs. Roach, Poole and Harris of the 10th and Wood of the llth:
A Bill to be entitled an Act to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.

HB 275. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, so as to change the compensation of the clerk serving the office of the com missioner of roads and revenues for Cherokee County; and for other purposes.

HB 276. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, so as to change the corporate limits of said City; and for other purposes.

HR 92-276. By Mr. Dorminy of the 48th:
A Resolution compensating Mrs. Carrie P. Cornelius; and for other purposes.

HR 93-276. By Mr. Dorminy of the 48th: A Resolution compensating Mr. K. W. Justice; and for other purposes.

HR 94-276. By Mr. Wilson of the 117th:
A Resolution compensating Mr. Ray Douglas Martin; and for other purposes.

HR 95-276. By Mr. Fallin of the 63rd:
A Resolution compensating Mr. Vernon F. Holloman; and for other purposes.

HR 96-276. By Mr. Lowrey of the 9th:
A Resolution compensating Mr. Clarence Salmon; and for other purposes.

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399

HR 97-276. By Mrs. Merritt of the 46th and Mr. Dodson of the 82nd:
A Resolution proposing an amendment to the Constitution so as to provide that only qualified voters who are freeholders, and their spouses, may vote in bond elections and elections which have for their purpose the raising or lowering of ad valorem taxes on real property; and for other purposes.

HB 277. By Messrs. Daugherty of the 109th, Horton of the 95th, Jordan of the 55th, Alexander of the 108th, Dean of the 76th and others:
A Bill to be entitled an Act to abolish the death penalty in, the State of Georgia; to provide for a statewide referendum; and for other purposes.

HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A Bill to be entitled an Act to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.

HB 279. By Messrs. Smith of the 3rd, Cook of the 95th and Gaynor of the 88th:
A Bill to be entitled an Act to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; and for other purposes.

HB 280. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 92-3211, relating- to late, false and fraudulent income tax returns, so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; and for other purposes.

HB 281. By Messrs. Lambert of the 25th and Felton of the 95th:
A Bill to be entitled an Act to amend Code Section 34-1006, relating to the time and method of the qualifications of candidates, so as to change the time within which candidates shall qualify; and for other purposes.

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th, Bond of the lllth, Farmer of the 16th and Evans of the 81st:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions

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relating to exhaust systems, brakes and windshield wipers; and for other purposes.

HR 109-282. By Mr. Lambert of the 25th:
A Resolution compensating Mr. Jessie T. Wellborn; and for other purposes.

HB 283. By Mr. Cole of the 3rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners, so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of relationship to any Member of the said Board; and for other purposes.

HR 110-283. By Messrs. Grahl of the 40th, Miller of the 83rd, Wamble of the 69th, Henderson of the 117th and Mrs. Hamilton of the 112th:
A Resolution adopting the "Report of the Teacher Retirement Com pensation Study Committee"; and for other purposes.

HR 111-283. By Mr. Dixon of the 65th: A Resolution compensating Clyde Perdie Lee; and for other purposes.

HR 112-283. Mr. Mauldin of the 12th: A Resolution compensating Mr. Travis Parson; and for other purposes.

HR 114-283. By Mr. Gunter of the 6th:
A Resolution compensating Mr. Joe Jackson Chitwood; and for other purposes.

HR 115-283. By Mr. Gunter of the 6th:
A Resolution compensating Georgia Mountain Orchards, Inc.; and for other purposes.

HR 116-283. By Mr. Gunter of the 6th: A Resolution compensating Mr. Tom Trotter; and for other purposes.

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401

HB 284. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.

HB 285. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Sub division, Unit Two, City of Saint Marys; and for other purposes.

HB 286. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 73-4 of the Code of 1933, so as to provide for a method of service of adoption proceedings upon parents who abandon the child to be adopted; and for other purposes.

HB 287. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden County; and for other purposes.

HR 117-287. By Mr. Salem of the 51st:
A Resolution creating the Sales tax on Wholesalers Joint Study Com mittee; and for other purposes.

SB 19. By Senators Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the Charter of the City of Macon so as to increase pension bene fits payable to dependents of firemen and policemen whose deaths result in the line of duty and other causes; and for other purposes.

SB 27. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize commissioners of Chatham County. . .", so as to provide that said county officers shall be elected on a county wide basis by the voters of Chatham County; and for other purposes.

SB 70. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the superior courts of Chattahoochee Judicial Circuit, as applied

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to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor general; and for other purposes.

SR 14. By Senator Hudgins of the 15th and Jackson of the 16th:
A Resolution relative to the National System of Interstate and Defense Highways; and for other purposes.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 97-276. Do Pass as Amended. HB 219. Do Pass. HB 186. Do Pass as Amended. HB 99. Do Pass Substitute.
Respectfully submitted, McClatchey of the 113th, Chairman.
Mr. McCracken of the 36th, Chairman of the Committee on State of The Republic submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 258. Do Pass.

Respectfully submitted, McCracken of the 36th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

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403

Mr. Speaker:

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 8. By Senator Webb of the llth:
A Bill to amend an act known as the "Georgia Civil Practice Act" approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to provide that service of summons and complaint shall not need be made on the father or mother or guardian of a minor if such minor is married; 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 12. By Senator Smalley of the 28th:
A Bill to amend an Act creating the Trial Judges and Solicitors Retire ment Fund, so as to remove the provision prohibiting trial judges and solicitors from practicing law while receiving retirement pay; to repeal conflicting laws; and for other purposes.

SB 50. By Senator Pennington of the 45th:
A Bill to amend Code Section 13-2027, relating to the maintenance of reserves by banks, as amended by an Act approved April 18, 1967, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obliga tions and certificates of deposit; and for other purposes.

The Senate has adopted the following Resolutions of the Senate, to wit:

SR 29. By Senators Coggin of the 35th and Broun of the 46th:
A Resolution commending the University of Georgia Football Team; and for other purposes.

SR 31. By Senator Riley of the 1st: A Resolution relative to the National System of Interstate and Defense Highways; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

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SB 12. By Senator Snialley of the 28th:
A Bill to be entitled an Act to amend an Act creating the Trial Judges and Solicitors' Retirement Fund, so as to remove the provision pro hibiting trial judges and solicitors of inferior courts from practicing law while receiving retirement pay; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 50. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend Code Section 13-2027, relating to the maintenance of reserves by banks, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and certificates of deposit; and for other purposes.
Referred to the Committee on Banks and Banking.
The following Resolution of the House was read and adopted:

HR 130. By Mr. Parker and Mrs. Merritt on the 46th:
A RESOLUTION
Commending Mr. Charles H. Davis, and for other purposes.
WHEREAS, Mr. Charles H. Davis, son of Mr. B. R. B. Davis of Americus, has been selected to make a report to the Governor on scout ing activities on Tuesday, February 11, 1969; and
WHEREAS, he has been actively involved in cub and boy scout work since September, 1959; and
WHEREAS, he attained the rank of Eagle Scout on July 28, 1964, at the age of twelve; and
WHEREAS, during his climb to the rank of Eagle Scout, he held the positions of assistant patrol leader, patrol leader, senior patrol leader, and, after receiving the rank of Eagle Scout, he served as assistant to the scout leader; and
WHEREAS, he won the following awards: God and Country Award, Outstanding Campers Award, Order of Arrow, Ordeal and Brotherhood and also received the highest number of merit badges in Troop 21 history; and
WHEREAS, he received all Palms awarded to a scout, the highest being "Silver on Silver Palm"; and
WHEREAS, he has served as President of the Boy Scout Medical Explorer's Post; and

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405

WHEREAS, he is a senior at Americus High School where he has been an honor student all four years; and

WHEREAS, he has recently been voted by his fellow students and the faculty as the senior boy who is "Most Likely to Succeed in Life"; and

WHEREAS, it is the desire of the members of this body to recog nize this outstanding young man for these remarkable achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Mr. Charles H. Davis upon being selected as the only scout in the State of Georgia to make a report to the Governor on scouting activities and further extend to him their best wishes for success in all his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Mr. Charles H. Davis and to his father, Mr. B. R. B. Davis of Americus.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 33. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to permit the recording on the deed records of master forms of security deeds or of covenants, conditions, powers and other provisions, for future incorporation in mortgages, etc.; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 33 as follows:
By striking from the second sentence of Section 1 the word "other" as it appears between the words "every" and "instrument" and sub stituting in lieu thereof the word "such", and by inserting in the last sentence of said Section between the words "be" and "attested" the following:
"executed by the person offering such instrument for recording and shall be",
Section 1. Recording Master Form. An instrument containing a form or forms of covenants, conditions, obligations, powers and other provisions intended for incorporation in mortgages, security deeds or other conveyances securing an indebtedness, may be re corded on the deed records of any county, and the Clerk of the

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Superior Court of such county, upon the request of any person, shall record the same on said deed records, receiving therefor the usual recording fee allowed for deeds and other instruments. Every such instrument shall contain a caption substantially as follows: 'Master form recorded by. . . (name of person causing the instru ment to be recorded).' Such instrument shall be executed by the person offering such instrument for recording and shall be attested or acknowledged in the form required for deeds."

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.

Alexander Atherton Barfield Battle Bell Black Bohannon Brantley, H. H. Brantley, H. L. Brooks Brown, C. Busbee Gates Cato Collier Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dodson Douglas Edwards Egan Ellis Evans Ezzard Farmer

Farrar Felton Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger

Lambert Lane, W. J. Lee, W. S. Leonard Levitas Lowrey Marcus Matthews, C. McClatchey Merritt Miles Milford Miller Moore Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rowland Russell Scarborough Shanahan Sheperd Sims

Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason

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407

Thompson, R. Toles Townsend Wamble Westlake Whaley

Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Adams Anderson Barber Bennett Berry Bostick Bo wen Buck Caldwell Games Clarke

Cole Collins, S. Dickinson Tallin Floyd, J. H. Harris, J. F. Johnson Jordan, G. Lane, Dick Lee, W. J. (Bill) Longino

Mauldin McCracken Moate Mullinax Peters Phillips, G. S. Phillips, L. L. Ross Rush Thompson, A. W. Winkles

Those not voting were Messrs.:

Ballard Blalock Bond Bray Brown, B. D. Burruss Chandler Collins, M. Colwell Cook Dean, N. DeLong Dorminy

Gary Grahl Harris, R. W. Harrison Hill, G. Joiner Lewis Mason Matthews, D. R. Maxwell McDaniell Melton Morris

Murphy Nash Peterson Pickard Poole
Salem Scarlett Sherman Simkins Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 122, nays 33.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th, DeLong of the 80th, Gunter of the 6th, Dean of the 19th, Bennett of the 71st, Bostick of the 63rd, Cato of the 68th, Matthews of the 16th, Row land of the 42nd, Collins of the 62nd and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act to fix the salaries of the judges of the superior courts; to repeal conflicting laws; and for other purposes.

408

JOURNAL OP THE HOUSE,

The following substitute, offered by Messrs. Rowland of the 42nd, Collins of the 62nd and Reaves of the 71st, was read:

A BILL
To be entitled an Act to amend an Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, so as to change the salary of the judges of the superior courts; to provide a contingent expense allowance; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act to fix the salaries of the judges of the superior courts, ap proved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, is hereby amended by striking from Section 1 thereof the figure "$18,000.00" and inserting in lieu thereof the figure "$20,000.00" so that when so amended Section 1 shall read as follows:

"Section 1. The annual salary of the judges of the superior courts shall be, and the same is hereby fixed in the sum of $20,000.00."

SECTION 2
Said Act is further amended by adding a new Section to be desig nated as Section 1A, to read as follows:
"Section 1A. An Annual contingent expense allowance for each of the judges of the superior courts of Georgia shall be, and the same is hereby fixed in the sum of $4,800.00, which shall be in addition to any salary provided by law. The annual contignent expense allowance herein provided and fixed shall be paid in equal monthly installments by the State Treasurer from funds appropri ated or otherwise made available for the operation of the superior courts."
SECTION 3
Said Act is further amended by adding to Section 3 the following:
"and the contingent expense allowance provided in Section 1A", so that when so amended, Section 3 shall read as follows:
"Section 3. The salaries herein fixed shall be the total com pensation to be paid by the State to the officials herein named, and shall be in lieu of any and all other amounts now provided by the law to be paid from the State Treasury, except mileage of judges on official business away from home county and the contingent expense allowance provided in Section 1A."

TUESDAY, FEBRUARY 11, 1969

409

SECTION 4

All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the substitute was read:
Mr. Graves of the 9th moves to amend the substitute to HB 122 by inserting in the title after the following: "salary of the judges of the Superior Courts;" the following: "to provide that retirement benefits shall continue to be calculated as if the salary for said judges were $18,000.;" and by changing the figures "$20,000." in Section I to "$22,000."; and by striking Sections 2 and 3 in their entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Cole Dean, J. E. Dodson Dorminy Egan Evans Farmer Gary Gaynor Graves Harris, J. R. Hudson Hutchinson

Jordan, G. Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Mauldin Miller Morris Northcutt Odom Paris

Parker, C. A. Phillips, L. L. Pinkston Poole Rush Salem Simkins Sims Thomason Thompson, A. W. Toles Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Bohannon Bond Bostick Bo wen

Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Caldwell Carries Gates Cato Chandler Clarke Collins, M.

Collins, S. Conger Connell Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon

410
Douglas Edwards Ellis Ezzard Fallin Felton Floyd, J. H. Floyd, L. R. Funk Geisinger Gignilliat Grahl Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell

JOURNAL OF THE HOUSE,
Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Lambert Lane, Dick Leonard Levitas Longino Marcus Mason Matthews, C. Maxwell McCracken McDaniell Melton Merritt Miles Milford Moate Moore Mullinax Murphy Nash Nessmith Nunn Pafford

Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Potts Rainey Reaves Roach Ross Rowland Russell Scarlett Shanahan Sherman Smith, V. T. Snow Sorrells Sweat Thompson, R. Townsend Vaughn Westlake Whaley Wheeler, Bobby Winkles Williams Wilson

Those not voting were Messrs.:

Bell Blalock Brooks Brown, B. D. Collier Colwell Conner

Daugherty Farrar Keyton Matthews, D. R. McClatchey Scarborough

Shepherd Smith, J. R. Wamble Ware Wood Mr. Speaker

On the adoption of the amendment, the ayes were 40, nays 134.

The amendment was lost.

An amendment, offered by Mr. Simkins of the 78th, was read and lost.

The following amendment was read:

TUESDAY, FEBRUARY 11, 1969

411

Mr. Floyd of the 7th moves to amend floor substitute to HB 122 as follows:

By striking in the title the following:

"to provide a contingent expense allowance",

and inserting in lieu thereof the following:

"to provide that this Act shall not affect the compensation received by judges emeritus of the superior courts".

By striking in Section 1 the figure "$20,000.00" wherever the s0a0m".e shall appear and inserting in lieu thereof the figure "$18,630.-

By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall have no effect on the compensation received by judges emeritus of the superior courts."

By striking Section 3 in its entirety and by renumbering the present Section 4 as Section 3.

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 Bohannon Burruss Colwell Davis, W. Dixon Dorminy Floyd, J. H. Floyd, L. R. Funk Gignilliat Graves Hadaway Harrington

Harris, J. F. Higginbotham Hill, G. Hood Johnson Jordan, G. Jordan, H. S. Keyton Kreeger Leonard Lewis Longino Lowrey Mauldin Milford Morris

Mullinax Pafford Phillips, L. L. Pickard Potts Russell Scarborough Sherman Simkins Toles Townsend Wamble Ware Westlake

412

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs:

Adams Alexander
Ballard Barber Barfield
Bell Bennett
Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray Brooks Brown, B. D. Brown, C. Buck Busbee Caldwell
Games Gates Cato Clarke Cole Collier Collins, M.
Collins, S. Conger Connell
Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, N. DeLong Dent Dickinson Dodson Douglas Edwards Egan

Evans Ezzard Fallin Farmer Farrar Felton Gary Gaynor Geisinger Grahl
Gunter Hale Hamilton Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Holder Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Knowles Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Marcus Mason Matthews, C. Maxwell McClatchey McCracken McDaniell Melton Merritt

Miles Miller Moate Moore Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Rainey Reaves
Roach Ross Rowland Rush Scarlett Shanahan Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Vaughn
Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

Those not voting were Messrs:

Atherton Blalock Chandler Conner Dean, J. E. Ellis

Howell Keen Knapp Lane, W. J. Matthews, D. R. Peterson

Salem Shepherd Wood Mr. Speaker

TUESDAY, FEBRUARY 11, 1969

413

On the adoption of the amendment, the ayes were 46, nays 131.

The amendment was lost.

The following amendment was read:
Mr. Pafford of the 64th moves to amend floor substitute to HB 122 as follows:
By inserting in the title, after the following: "salary of the judges of the Superior Courts;" the following: "to provide that retirement benefits shall continue to be calculated as if the salary for said judges were $18,000.;", and by striking Sections 2, 3 and 4 in their entirety and inserting the following:
"Section 2. The retirement benefits of judges emeritus of the Superior Courts shall continue to be calculated as if the salary for said judges were $18,000, notwithstanding any other provision of law to the contrary."
Section 3. All laws and parts of law in conflict with this Act are hereby repealed.

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 Anderson Bell Berry Bohannon
Bond Brantley, H. H. Brown, B. D. Burruss Gates Chandler
Cole Collins, S. Dickinson Dixon
Dodson Dorminy Egan Evans
Farrar Floyd, L. R.

Gaynor

Grahl

Graves

Hadaway

Harrington

Harris, J. F.

Harris, J. R.

Horton

Howell

Johnson

Jordan, G.

Keen

.

Keyton

Knapp

Kreeger

Lane, W. J.

Lee, W. J. (Bill)

Leonard

Levitas

Lewis

Longino

Lowrey Matthews, D. R. Mauldin Maxwell McDaniell
Milford Miller Morris Mullinax Nessmith Northcutt
Nunn Pafford Parker, C. A. Patterson
Phillips, L. L. Pickard Potts Rainey
Russell Scarborough

414
Shanahan Sherman Simkins Sims

JOURNAL OF THE HOUSE,

Sweat Thomason Thompson, A. W. Toles

Town send Wamble Ware Wheeler, Bobby

Those voting in the negative were Messrs:

Adams Ballard Barber Barfield Battle Bennett Black Bostick Bo wen Bray Brown, C. Buck Busbee Caldwell Carnes Cato Clarke Collier Collins, M. Colwell Conger Connell Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Douglas Edwards Ezzard

Tallin Farmer Felton Floyd, J. H. Funk Geisinger Gignilliat Gunter Hale Hamilton Hargrett Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Knowles Lambert Lane, Dick Lee, W. S. Marcus Mason

Matthews, C. McClatchey McCracken Melton Merritt Miles Moate Moore Murphy Nash Odom Paris Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole Reaves Roach Rowland Scarlett Smith, J. R. Smith, V. T. Snow Sorrells Thompson, R. Vaughn Westlake Whaley Winkles Williams Wilson

Those not voting were Messrs:

Atherton Blalock Brantley, H. L. Brooks Conner Crowe

Dean, J. E. Ellis Gary Hood Parker, H. W. Ross

Rush Salem Shepherd Wheeler, J. A. Wood Mr. Speaker

On the adoption of the amendment, the ayes were 75, nays 100.

The amendment was lost.

TUESDAY, FEBRUARY 11, 1969

415

The substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Alexander Barber Barfield Bell Bennett Berry Black Bohannon Bond Bostick Bo wen Brantley, H. L. Bray Brooks Brown, B. D. Buck Busbee Caldwell Carnes Gates Cato Clarke Cole Collier Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson

Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Gaynor Geisinger Grahl Gunter Hale Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Holder Hood Horton Hudson Hutchinson Joiner Jones, C. M. Jones, M. Keyton Knowles Kreeger Lambert Lane, W. J. Lee, W. S. Le vitas Lewis Marcus Matthews, C. Mauldin McClatchey McCracken

Miles Moate Morris Murphy Nash Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Vaughn Wheeler, Bobby Wheeler, J. A. Williams

416

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams Anderson Atherton Battle Brantley, H. H. Brown, C. Burruss Chandler Collins, S. Davis, W. Dixon Dorminy Egan Ellis Ployd, J. H. Floyd, L. R. Funk Gary Gignilliat Graves Hadaway

Harrington ' Higginbotham Hill, B. L. Hill, G. Housley Howell Johnson Janes, Herb Jordan, G. Jordan, H. S. Knapp Lane, Dick Lee, W. J. (Bill) Leonard Longino Lowrey Mason Matthews, D. R. Maxwell McDaniell Melton

Milford Miller Moore Mullinax Northcutt Pafford Phillips, L. L. Pickard Potts Scarborough Sherman Simkins Toles Townsend Wamble Westlake Whaley Winkles Wilson

Those not voting were Messrs.:

Ballard Blalock Henderson

Keen Merritt Smith, J. R.

Ware Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 123, nays 61.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Messrs. Bohannon and Patterson of the 20th stated that they had inad vertently voted "aye" but intended to vote "nay" on the passage of HB 122, by substitute.

Mr. Potts of the 30th state that he had voted under misapprehension on HB 122, by substitute, and requested that the Journal show that he was in favor of the Bill.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 12, 1969

417

Representative Hall, Atlanta, Georgia. Wednesday, February 12, 1969.

The House met pursuant to adjournment at 10:00, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. J. L. Brown, Pastor, Lumpkin Baptist Church, Lumpkin, Georgia:
"Almighty Father of the universe, we come to Thee, conscious of our own shortcomings but with confidence, knowing that having put our trust in Thee, our faith is well founded.
"May we tolerate nothing in our personal living which, if multi plied would weaken our nation. Teach us that our country is no better than its citizens and no stronger than those in whom it puts its trust.
"So may we see ourselves as Thou dost see us, that being ashamed we may seek forgiveness, and knowing our weaknesses may accept Thy strength. With Thy blessing upon us, we need not fear decisions nor hesitate to act. So use us, guide us, and act through us, we ask in Jesus' name and for his sake, AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Rowland of the 42nd, Acting Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills.

418

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 346. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat position; and for other purposes.
Referred to the Committee on Local Affairs.

HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A Bill to be entitled an Act to amend an'Act providing that the con struction and maintenance of portions of the State aid system of roads lying within the corporate limits of municipalities shall be the respon sibility of the State Highway Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.
Referred to the Committee on Highways.

HB 348. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver's licenses, so as to provide for the examina tion of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1970; and for other purposes.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, FEBRUARY 12, 1969

419

HB 350. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal property, so as to increase the rate of tax on the fair market value of money; to increase the rate of tax on stocks; and for other purposes.
Referred to the Committee on Ways and Means.

HB 351. By Messrs. Longino of the 98th, Ware, Mullinax, Potts and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties, so as to pro vide that the Mayor appoint a recorder, to establish such recorders powers and duties and to provide for a recorders compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Floyd of the 7th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for a Fiscal Officer for the Legislative Branch of Government; and for other purposes.
Referred to the Committee on Rules.

HB 353. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act providing for the collection of taxes and prescribing rates for the taxation of property classified as intangible property, so as to increase the rate of taxation on all acocunts receivable and notes not representing credits secured by real estate; and for other purposes.
Referred to the Committee on Ways and Means.

HB 354. By Messrs. Matthews of the 63rd, Northcutt of the 21st, Knowles of the 22nd, Brantley of the 52nd, Wamble of the 69th and others:
A Bill to be entitled an Act to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, and any future plan adopted by said Department, pursuant to said statutory authority, shall in the case of presently adopted plans, be amended to provide that the pro visions for medical assistance contained therein shall include medical assistance rendered by chiropractors; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

420

JOURNAL OF THE HOUSE,

HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under that name and style; to provide for a repeal of all laws that are in conflict with the Charter and the several acts amendatory to the Charter; and for other purposes.
Referred to the Committee on Local Affairs.

HB 356. By Messrs. Barber of the 15th and Williams of the llth:
A Bill to be entitled an Act to amend an Act known as "The Driver Training School License Act", so as to change the requirements neces sary for driving school instructors; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 357. By Messrs. Farmer of the 16th and Pafford of the 64th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the election of a commissioner of industrial loans; and for other purposes.
Referred to the Committee on State of Republic.

HB 358. By Messrs. Farmer of the 16th and Pafford of the 64th:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the title of said officer; to provide that the Attorney General shall be said officer; and for other purposes.
Referred to the Committee on State of Republic.

HB 359. By Messrs. Farmer of the 16th and Pafford of the 64th:
A Bill to be entitled an Act to amend Code Title 56, which constitutes the Georgia Insurance Code, so as to provide or a Department of Insur ance; to provide for the election and term of office of the Commissioner of Insurance; and for other purposes.
Referred to the Committee on State of Republic.

HB 360. By Messrs. Dodson of the 82nd, Jones of the 84th, Nunn of the 41st, Egan of the 116th, Evans and Scarborough of the 81st and Felton of the 95th:
A Bill to be entitled an Act to provide that the State of Georgia shall be liable for damages caused as a result of the negligent operation of motor vehicles by its officers, agents, servants and employees; and for other purposes.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 12, 1969

421

HB 361. By Messrs. Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to be known as the Georgia Public Livestock Market Charter Act; to create the Georgia State Public Livestock Board; and for other purposes.
Referred to the Committee on Agriculture.

HB 362. By Messrs. Douglas of the 42nd and Hudson 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 <-1 buyers of goods; and for other purposes.
Referred to the Committee on Agriculture.

HB 363. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charlei for the City of Ludowici, so as to change the corporate limits; and IVi other purposes.
Referred to the Committee on Local Affairs.

HB 364. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.
Referred to the Committee on Local Affairs.

HB 365. By Messrs. Roach, Harris and Poole of the 10th:
A Bill to be entitled an Act to provide that the successors to the mem bers of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
Referred to the Committee on Local Affairs.

HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th, Hudson of the 48th, Parker of the 46th and others:
A Bill to be entitled an Act to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so as to authorize the commission to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate review; and for other purposes.
Referred to the Committee on Industry.

422

JOURNAL OF THE HOUSE,

HB 367. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 368. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the com pensation of the said county officials; and for other purposes.
Referred to the Committee on Local Affairs.

HB 369. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 370. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Mount Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Council man shall be eligible to run for Mayor unless he resigns as Council man; and for other purposes.
Referred to the Committee on Local Affairs.

HB 371. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 372. By Mr. Odom of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that it shall be unlawful for a member of the General Assembly to ask, induct or entice a depart-

WEDNESDAY, FEBRUARY 12, 1969

423

ment head of an agency, division or department of State Government to hire a particular individual or particular individuals; and for other purposes.
Referred to the Committee on State of Republic.

HB 373. By Messrs. Buck of the 84th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 77-525, relating to the power of the State Board of Pardons and Paroles to adopt rules and regulations, so as to provide a method for computing eligibility for parole consideration of convicted felons; and for other purposes.
Referred to the Committee on Judiciary.

HB 374. By Messrs. Buck of the 84th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; and for other purposes.
Referred to the Committee on Judiciary.

HB 375. By Messrs. Rainey of the 47th and Dickinson of the 118th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Pish Commission, so as to authorize the hunting of deer from scaffolds or tree stands; and for other purposes.
Referred to the Committee on Game and Fish.

HR 131-375. By Mr. Carnes of the 104th:
A Resolution creating the Intangible Tax Interim Study Committee; and for other purposes.
Referred to the Committee on Ways and Means.

HR 132-375. By Messrs. Brown and Melton of the 42nd:
A Resolution compensating Mr. Idus Eugene Sanders; and for other purposes.
Referred to the Committee on Appropriations.

HR 133-375. By Mr. Rush of the 51st:
A Resolution relative to protection of the Capitol Building and Grounds; and for other purposes.
Referred to the Committee on Natural Resources.

424

JOURNAL OP THE HOUSE,

HR 134-375. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Mr. T. L. Hodges, Jr.; and for other pur poses.
Referred to the Committee on Appropriations.

HB 376. By Messrs. Odoni and Lee of the 61st and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the Depart ment of Labor so as to delete the authority of the Commissioner to appoint, compensate and remove officials of the Department of Labor; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 377. By Messrs. Barfield of the 71st, Russell of the 70th, Barber of the 15th, Bennett of the 71st, Ross of the 26th, Pafford of the 64th and others:
A Bill to be entitled an Act to create the Georgia State Board of Cos metology; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 378. By Messrs. Henderson of the 117th, Gunter of the 6th, Thompson of the 86th, Clarke of the 33rd, McClatchey of the 113th and others:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit certain activities relating to the use of credit cards; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 379. By Mr. Bowen of the 47th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to change the compensation which may be paid to the deputy sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A Bill to be entitled an Act to authorize the Judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix compensation of a secretary; and for other purposes.
Referred to the Committee on Local Affairs.

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425

HR 135-380. By Mr. Westlake of the 75th:
A Resolution creating the Joint Automobile Liability Insurance Study Committee; and for other purposes.
Referred to the Committee on Insurance.

HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th, Townsend of the 115th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to mu nicipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; to delete therefrom all references to non-partisan primaries; and for other purposes.
Referred to the Committee on Local Affairs.
HB 382. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Daugherty of the 109th, Adams of the 100th, Townsend of the 115th 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 specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 383. By Messrs. Brown of the 110th, McClatchey of the 113th, Horton of the 95th, Bond of the lllth, Adams of the 100th, Hood of the 99th and others:
A Bill to be entitled an Act to amend Chapter 23 of the Code of Geor gia of 1933, relating to surety bonds for public contracts, so as to in crease the total amount of the contract price where such bonds shall be required from $1,000 to $5,000; and for other purposes.
Referred to the Committee on Industry.
HB 384. By Messrs. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Hill of the 94th, Gignilliat of the 89th, Battle of the 90th and Ellis of the 91st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

HB 385. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; and for other purposes.
Referred to the Committee on Judiciary.

HB 386. By Messrs. Adams of the 110th, Brown of the 110th, Shepherd of the 107th, Sims of the 106th, Alexander of the 108th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of the Solicitor-General of said Circuit, so as to change the num ber of trial assistant district attorneys that may be appointed; and for other purposes.
Referred to the Committee on Local Affairs.

HB 387. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; and for other purposes.

HB 388. By Mr. Harris of the 77th:
A Bill to be entitled an Act to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being ex amined before said Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 389. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting is suance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.
Referred to the Committee on Local Affairs.

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427

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requir ing the State Revenue Commission to maintain a record of notices of liens on titled motor vehicles; and for other purposes.

HB 289. By Mr. Felton of the 95th:
A Bill to be entitled an Act to attract investment capital and to pro mote the growth of industry in Georgia by permitting borrowers to con tract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.

HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water serv ice and water distribution system and all necessary appurtenances connected therewith outside the city limits of the City of Albany; and for other purposes.

HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.

HB 292. By Mr. Mason of the 13th:
A Bill to be entitled an Act to repeal an Act entitled, "An Act to estab lish the city court of Buford, in the City of Buford, in the county of Gwinnett ....."; and for other purposes.

HB 293. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park (now City of Forest Park), so as to change the corporate limits of said city; and for other purposes.

HB 294. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 295. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to amend Code Section 57-101 (relating to the legal rates of interest, so as to provide that certain loans guaran teed by the Veterans Administration or insured by the Federal Hous ing Administration, may bear interest in excess of eight per cent per annum; and for other purposes.

HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Dailey of the 53rd, Bray of the 31st, Gary of the 21st and others:
A Bill to be entitled an Act to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.

HB 297. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.

HB 298. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.

HB 299. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Tattnall County, so as to change the compensation of the chairman; and for other purposes.

HB 300. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his employees; and for other purposes.

HB 301. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of the sheriff; and for other purposes.

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429

HB 302. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County), so as to change the compensa tion of said commissioner and the clerical assistant thereof; and for other purposes.

HB 303. By Mr. Hale of the 1st:
A Bill to be entitled an Act to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; and for other purposes.

HB 304. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.

HB 305. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.

HB 306. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other compensa tion he is entitled to receive by law; and for other purposes.

HB 307. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensation of the Ordinary of Burke County; and for other purposes.

HB 308. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to authorize and direct the governing au thorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.

HB 309. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County,

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known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or clerical assistants; and for other purposes.

HB 310. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.

HB 311. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the sheriff and the deputy sheriff of Randolph County; and for other purposes.

HB 312. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend the Charter of the City of Montezuma, so as to change the date for the holding of elections; and for other purposes.

HB 313. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and City Court Clerk in the County of Sumter and providing a salary in lieu thereof, so as to change the compensation of said clerk and one of his clerks; and for other purposes.

HB 314. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation of said sheriff; and for other purposes.

HB 315. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensa tion of the solicitor of the city court of Oglethorpe; and for other purposes.

HB 316. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.

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431

HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th, Sweat of the 65th, Rush of the 51st, Thompson of the 85th and others.
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 work camps, and prisoners, so as to provide that no person who is a member of the State Board of Corrections shall be employed by the Board of Corrections in any capacity whatsoever; and for other purposes.

HB 318. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act 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 319. By Mr. McClatchey of the 113th:
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 or variable annuity contracts which shall not consti tute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.
HB 320. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.

HB 321. By Mr. Chandler of the 34th:
A Bill to be entitled an Act to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate In vestment Board and the Advisory Board; and for other purposes.
HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th, Longino of the 98th:
A Bill to be entitled an Act to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th, Longino of the 98th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spirituous and intoxicating liquors; and for other purposes.

HB 324. By Messrs. Smith of the 3rd, Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful for any person to remove, alter, damage or otherwise inter fere with the operation of any device controlling or abating crankcase exhaust emissions which is placed on a motor vehicle by the manufac turer pursuant to certain regulations; and for other purposes.

HB 325. By Messrs. Moore and Gunter of the 6th: A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.
HB 326. By Messrs. Moore and Gunter of the 6th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue in the County of Stephens, so as to provide for an additional meeting date each month; to change the com pensation of said commissioners; and for other purposes.
HB 327. By Messrs. Smith of the 3rd and Horton of the 95th: A Bill to be entitled an Act to establish the Georgia State Board of Hear ing Aid Dealers and Dispensers; and for other purposes.
HB 328. By Mr. Joiner of the 35th: A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to abolish the office of City Treasurer; and for other purposes.
HB 329. By Messrs. Matthews of the 16th and Barber of the 15th: A Bill to be entitled an Act to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.
HR 120-329. By Mr. Whaley of the 93rd: A Resolution compensating Mrs. H. F. Jackson; and for other purposes.

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433

HR 121-329. By Mr. Reaves of the 71st: A Resolution compensating Mr. J. C. Sapp; and for other purposes.

HR 122-329. By Mr. Colwell of the 5th: A Resolution compensating H. L. Wright; and for other purposes.

HR 123-329. By Mr. Colwell of the 5th: A Resolution compensating M. A. Giles; and for other purposes.

HR 124-329. By Mr. Colwell of the 5th: A Resolution compensating Doris E. McGuire; and for other purposes.

HB 330. By Messrs. Smith of the 43rd, Chandler of the 34th and Conner of the 56th:
A Bill to be entitled an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property"; to change the definition of the term "vending stand"; and for other purposes.

HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th, Shepherd of the 107th and Bell of the 73rd:
A Bill to be entitled an Act to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national origin of the person upon whom the arrest is being made; and for other purposes.

HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth, Berry of the 85th:
A Bill to be entitled an Act to amend "Georgia Military Forces Reor ganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; and for other purposes.

HB 333. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act exempting the compen sation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 334. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.

HB 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend the Code of Georgia, so as to pro vide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall be valid and binding; to provide that the deeds, security deeds and other conveyances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.

HB 336. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act authorizing the State De partment of Veterans Service to purchase an ambulance for use in trans porting Georgia veterans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from, and between facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.

HB 337. By Mr. Cook of the 95th:
A Bill to be entitled an Act to amend an Act providing that the State Highway Board shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of munici palities, so as to remove the limitations upon the expenditure of funds by the State Highway Board in certain municipalities; and for other purposes.

HB 338. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.

HB 339. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.

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435

HB 340. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the city of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically de scribed property in order to extend Railroad Street; and for other purposes.

HB 341. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Statham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.

HR 127-341. By Mr. Geisinger of the 72nd:
A Resolution calling a Constitutional Convention for the procedure and other matters relative thereto; and for other purposes.

HR 128-341. By Mr. Paris of the 14th:
A Resolution authorizing the Governor, on behalf of the State of Geor gia, to convey to Plantation Pipe Line Company, an easement for rightof-way purposes for a petroleum products pipeline or pipeline across certain lands of Fort Yargo State Park in Barrow County, Georgia; and for other purposes.

HR 129-341. By Messrs. Harris of the 77th, Jones and Buck of the 84th, Thomp son and Levitas of the 77th, Nunn of the 41st, Lambert of the 25th, Egan of the 116th, Hill of the 94th, Lee of the 61st, Cato of the 68th, Fallin of the 63rd, Bennett of the 71st, Alexander of the 108th, Snow of the 1st, Cooper of the llth, Dodson of the 82nd, Ross of the 26th, Har ris of the 67th and Jordan of the 55th:
A Resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.

HB 342. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker County; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 343. By Messrs. Levitas of the 77th, Carnes of the 104th, Winkles of the 96th and Miller of the 83rd:
A Bill to be entitled an Act to authorize counties to levy either a local retail sales tax or a payroll tax under certain circumstances; to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for authorizing the counties to levy the local sales tax provided herein; and for other purposes.

HB 344. By Messrs. Levitas of the 77th, Carnes of the 104th, Winkles of the 96th, Miller of the 83rd, Gary of the 21st, Atherton of the 117th and Thompson of the 86th:
A Bill to be entitled an Act to authorize counties to levy a local retail sales tax under certain circumstances; and for other purposes.

HB 345. By Messrs. Levitas of the 77th, Carnes of the 104th, Winkles of the 96th and Miller of the 83rd:
A Bill to be entitled an Act to authorize counties to levy a payroll tax under certain circumstances; to define certain terms; to provide for the proper administration and enforcement of this Act; to provide for penal ties for violation of this Act; to provide for secrecy of payroll tax returns; to provide for the distribution of revenue; to provide for all other matters relative to the foregoing; and for other purposes.

SB 12. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act creating the Trial Judges and Solicitors' Retirement Fund, so as to remove the provision prohibit ing trial judges and solicitors of inferior courts from practicing law while receiving retirement pay; and for other purposes.

SB 50. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend Code Section 13-2027, relating to the maintenance of reserves by banks, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and certificates of deposit; and for other purposes.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

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437

HB 89. Do Pass. HB 193. Do Pass. HE 10-14. Do Pass By Committee Substitute.
Respectfully submitted, Harris of the 77th, Chairman.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 45. Do Pass.

Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 244. Do Pass. HB 87. Do Pass. HB 101. Do Not Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Pickard of the 84th, Chairman of the Committee on Industry, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 4. HB 128. HB 211. HB 215.

Do Pass by Substitute. Do Pass. Do Pass. Do Not Pass.

Respectfully submitted, Pickard of the 84th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 200. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 206. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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439

HB 207. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 208. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, tax collector and tax receiver of Appling County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 209. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax collector and tax receiver of Appling County upon an annual salary, 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 210. By Mr. Conner of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 16. By Senators Webb of the llth and Broun of the 46th:
A Bill to amend all Acts, Resolutions and Code Sections in which the phrase "Solicitor General" appears by striking said phrase and substitut ing in lieu thereof the phrase "District Attorney"; to provide an ef fective date; and for other purposes.

The Senate has passed by the requisite constitutional majority, the following Bills of the Senate and House, to-wit:
SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th, and Starr of the 44th:
A Bill to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdiction" in certain in stances; and for other purposes.

HB 17. By Mr. McClatchey of the 113th:
A Bill to amend Code Section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or mem bers for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; and for other purposes.

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441

HB 18. By Messrs. McClatchey of the 13th and Conner of the 56th:
A Bill to amend Code Section 56-1027, relating to special investments which may be made by insurers, so as to clarify that such investments may be made without limitation; and for other purposes.

HB 20. By Messrs. McClatchey of the 113th and Conner of the 56th:
A Bill to amend an Act known as the Georgia Insurance Code, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 19. By Mr. McClatchey of the 113th:
A Bill to amend an Act relating to gifts of securities to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.

The Senate has adopted the following Resolutions of the House, to-wit:

HR 100. By Messrs. Black and Edwards of the 45th and others:
A Resolution commending Honorable J. Phil Campbell, Jr.; and for other purposes.

HR 108. Messrs. Cole, Leonard and Smith of the 3rd:
A Resolution expressing sympathy at the passing of Judge Tom Pope; and for other purposes.

HR 125. By Messrs. McDaniell, Atherton, Burruss, Henderson, Housley, Kreeger and Wilson of the 117th:
A Resolution relative to the Lockheed Georgia Corporation; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee on Insurance:

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SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th, and Starr of the 44th:
A Bill to be entitled an Act to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdic tion" in certain instances; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 140. By Messrs. Smith of the 43rd and Busbee of the 61st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES, the Senate concurring, that the General Assembly do adjourn on Febru ary 14, 1969, at 1:00 o'clock p.m. and reconvene on February 17, 1969, at 10:00 o'clock a.m.

HR 141. By Messrs. Smith of the 43rd and Busbee of the 61st:
A RESOLUTION
Amending House Resolution 3; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Resolution 3, adopted at the regular 1969 session, is hereby amended by adding a new paragraph at the end of Part II to read as follows:
"The provisions of this resolution, relative to the period between the first and second portions of the 1969 regular session, shall also apply to any other periods of adjournment during the months of February and March of 1969."

Mrs. Merritt of the 46th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and recommended to the Committee on Judiciary:

HB 277. By Messrs. Daugherty of the 109th, Horton of the 95th, Jordan of the 55th and others:
A Bill to be entitled an Act to abolish the death penalty in the State of Georgia; to provide for a statewide referendum; and for other purposes.

WEDNESDAY, FEBRUARY 12, 1969

443

By unanimous consent, the following Bill of the Senate was withdrawn from the Calendar and recommitted to the Committee on Special Judiciary for further study:

SB 7. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to provide that the consent to the marriage of a pregnant female sixteen years of age or older need not be secured if proof of her pregnancy is provided; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 19. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend an Act relating to gifts of securi ties to minors, so as to provide for the gift of life insurance policies and annuity contracts to minors; and for other purposes.

The following Senate amendment was read:

Senator Holley of the 22nd moves to amend H.B. No. 19 as follows:
By striking from Section 6 the following:
"Said Act is further amended by striking Section 1 in its en tirety and inserting in lieu thereof a new Section 1 to read as follows:
'Section 1. (a) Custodial property includes:'", and inserting in lieu thereof the following:
"Said Act is further amended by striking Section 11 in its en tirety and inserting in lieu thereof a new Section 11 to read as follows:
'Section 11. (a) Custodial property includes:'".
Mr. McClatchey of the 113th moved that the House agree to the Senate Amendment.
On the motion to agree, the ayes were 117, nays 0.

The motion prevailed, and the Senate amendment to HB 19 was agreed to.

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JOURNAL OF THE HOUSE,

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 258. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Section 34-1407, relating tothe custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that the chal lenged absentee ballots shall be counted as other ballots; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. H. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler

Cole Collier Collins, M. Celling, S. Colwell Conger Connell Conner Cook Cooper Crowe D alley Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Douglas Edwards Egan
Ellis Evans Ezzard

Tallin Farrar Felton Floyd Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hutchinson

WEDNESDAY, FEBRUARY 12, 1969

445

Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowery Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton

Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole, Will Potts Reaves Ross Rowland

Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles, E. B. Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles, F. L. Williams, W. M. Wilson, J. M. Wood

Those not voting were Messrs.:

Bostick Bowen Brantley, H. L. Busbee Clarke Dickinson Dorminy Farmer Floyd, J. H. Grahl

Hale Hamilton Henderson Hill, G. Hudson Jordan, G. Lambert Mason Matthews, D. R.

Nash Nessmith Phillips, L. L. Rainey Roach Simkins Smith, J. R. Thomason Mr. Speaker

On passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Mr. Floyd of the 7th stated that he had been called from the floor of the House when the roll was called on HB 258, but had he been present would have voted "aye".

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JOURNAL OF THE HOUSE,

*
HB 169. By Mr. Barber of the 15th:

A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Schools;" to determine membership and conditions of membership in said system, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield
Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook

Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. F. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards, W. Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson

Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford

WEDNESDAY, FEBRUARY 12, 1969

447

Miller Moate Moore, Don C. Morris Mullinax Murphy Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. E.

Pickard Pinkston Poole Potts Rainey Roach Ross Rowland Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

DeLong Egan Farmer Hale Lambert

Mason Matthews, D. R. Nash Nessmith Peters

Reaves Salem Thompson, R. Mr. Speaker

Those voting in the negative were Messrs. Melton and Townsend. On the passage of the Bill, the ayes were 177, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Mr. Reaves of the 71st stated that he had been called from the floor of the House when the roll was called on HB 169, but had he been present, would have voted "aye."

HB 170. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend the Teachers' Retirement System, as amended, so as to reduce the number of days a member in service must wait after filing notice; to change the effective date of retire ment for disability reasons; to provide that members shall be paid all contributions and all earned interest, in the case of refund, regardless of the years of service; to repeal conflicting laws; and for other purposes.

448

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates Cato Clarke Collins, M. Collins, S. Colwell Conger Connell Conner Cook Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Dorminy

Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger

Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rowland

Rush Russell Salem Scarborough. Scarlett Shanahan Shepherd Sherman Sims Smith, J. R.

WEDNESDAY, FEBRUARY 12, 1969

' 449

Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble

"Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Dixon Funk

Gary

Townsend

Those not voting were Messrs.:

Buck Chandler
Cole Collier Cooper

Hale Howell
Lambert Lane, Dick

Leonard Pickard
Simkins Mr. Speaker

On the passage of the Bill, the ayes were 176, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 81. By Messrs. Vaughan of the 74th, Holder of the 49th, Matthews of the

63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and

others:

i

A Bill to be entitled an Act to amend Code Section 92-1403 of Georgia

Code of 1933 relating to levy of motor fuel taxes and known as the

"Motor Fuel Tax Law", so as to increase the excise tax imposed on all

distributors of motor fuel from six and one-half cents per gallon to

eight cents per gallon; and for other purposes.

Mr. Levitas of the 77th moved that further consideration of HB 81 and all amendments thereto be postponed until Monday, February 24, 1969, immediately after the period of unanimous consents.

450

JOURNAL OP THE HOUSE,

On the motion to postpone, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Berry Bohannon Bond Bostick Bowen Brantley, H. H. Brown, B. D. Buck Burruss Games Gates Cole Collins, S. Colwell Cook Daugherty Davis, E. T. Davis, W. Dean DeLong Dodson. Egan Ellis Evans Ezzard Farmer Farrar

Felton Floyd, J. H.
Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Hamilton Hargrett Harrington Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Hood Horton Housley Hudson flutchinson Johnson, B. Tones, Herb Tones, M. Jordan, G. Jordan, H. S. Keen TCnapp 'ireeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas

Marcus
Maxwell McClatchey Miller Moate Morris Murphy Nash Nunn Odom Pafford Paris Parker, C. A. Patterson Pickard Pinkston Rainey Scarborough Shepherd Simkins Sims Smith, J. R. Smith, V. T. Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Westlake Whaley Wheeler, Bobby Winkles Wilson

Those voting in the negative were Messrs.

Black Blalock Brantley, H. L. Bray Brooks Brown, C. Busbee Cato Chandler Clarke Collier Collins, M.

Connell Conner Cooper Crowe Dailey Dean, N. Dent Dickinson Dorminy Douglas Edwards Fallin

Punk Grahl Gunter Hadaway Hale Harris, J. P. Harris, J. R. Harrison Higginbotham Holder Joiner Jones, C. M.

WEDNESDAY, FEBRUARY 12, 1969

451

Keyton Knowles Lambert Lee, W. J. (Bill) Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt

Miles Milford Moore Mullinax Nessmith Parker, H. W. Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R. Poole Potts Roach
Ross

Rowland Rush Russell Salem Scarlett Shanahan Sherman Snow Sorrells Vaughn Wheeler Williams Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Caldwell Conger

Dixon Howell Mason Northcutt Peterson

Reaves Wamble Ware Mr. Speaker

On the motion to postpone, the ayes were 102, nays 77.

The motion prevailed, and further consideration of HB 81 was postponed until Monday, February 24, 1969.

Mr. Colwell of the 5th stated that he had inadvertently voted "aye" but intended to vote "nay" on the motion to postpone HB 81.

Mr. Dodson of the 82nd presented the Honorable Ben Blackburn, Congress man from the 4th District, who briefly addressed the House.

Mr. Busbee of the 61st 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, February 13, 1969

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. Herbert Kelmer Burden, Pastor, Church of God, Kite, Georgia:
Our Most Holy Heavenly Father;
We come before Thee with humble hearts, thanking Thee for another day and for the blessings Thou hast bestowed upon us. We thank Thee for the privilege of living in a country and a state where we can pray and worship God, the giver of all good blessings. We pray for the leaders of our country and especially for this state and those who hold the responsibility. We pray that you will let the Holy Spirit motivate and guide them in doing the things that would be right in the sight of God and in the sight of man. We pray that you will help us remember from whence we came and what brought us here. And remember the founda^ tion of our country and the foundation of our freedom and that it is all based on the Holy Word of God. And faith we have in Jesus Christ. Bless us through this day and may You get the honor and glory out of all that we do. For we ask it in the Name of Jesus and for His sake,

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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.

THURSDAY, FEBRUARY 13, 1969

453

3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 391. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.
Referred to the Committee on Local Affairs.

HB 392. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act creating the State Litera ture Commission, so as to change the definition of obscene literature; and for other purposes.
Referred to the Committee on Industry.

HB 393. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one additional deputy; and for other purposes.
Referred to the Committee on Local Affairs.

HB 394. By Mr. Davis of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the tax imposed by this Act on the sale or use of gasoline; and for other purposes.
Referred to the Committee on Ways and Means.

HB 395. By Messrs. Atherton, Burruss, Wilson, Kreeger, McDaniell and Henderson of the 117th:
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

454

JOURNAL OF THE HOUSE,

city; to provide that the mayor shall be elected by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.

HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the procedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and munici palities; and for other purposes.
Referred to the Committee on Temperance.

Mr. Pickard of the 84th moved that HB 396 be engrossed.

The motion prevailed, and HB 396 was ordered engrossed.

HB 397. By Messrs. Brown of the 110th, Felton, Hawes and Horton of the 95th, Daugherty of the 109th, Mrs. Hamilton of the 112th and others:
A Bill to be entitled an Act to amend an Act to create a system of Traffic Courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000, so as to pro vide for the acceptance of cash bonds by Constables of said court when authorized to do so by the Presiding Judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Mur phy of the 19th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.
Referred to the Committee on Ways and Means.

HB 399. By Mr. Conger of the 68th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the rate of the tax imposed under said Act; and for other purposes.
Referred to Committee on Ways and Means.

THURSDAY, FEBRUARY 13, 1969

455

HR 136-399. By Mr. Conger of the 68th:
A Resolution proposing an amendment to the Constitution so as toauthorize the allocation of certain percentages of the proceeds derived: from the sales and use tax to the various county and independent school systems, municipalities and counties; and for other purposes.
Referred to Committee on Ways and Means.

HR 137-399. By Mr. Conger of the 68th:
A Resolution proposing an amendment to the Constitution so as to provide that, effective with the ratification of an amendment to the Constitution authorizing the allocation of certain percentages of the proceeds derived from the sales and use tax to the various county and independent school systems, municipalities and counties, the educa tional tax levied by county and area school systems shall not exceed 5 mills; and for other purposes.
Referred to Committee on Ways and Means.

HR 138-399. By Mr. Conger of the 68th:
A Resolution proposing an amendment to the Constitution so as to increase homestead exemption to $7,000 and to grant an exemption from municipal taxation of $5,000 when an amendment to the Constitu tion is ratified authorizing distribution of certain proceeds of the sales tax to various school systems, municipalities and counties; and for other purposes.
Referred to the Committee on Ways and Means.

HR 139-399. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 400. By Messrs. Brown of the 110th, Dean of the 76th, Alexander of the 108th, Daugherty of the 109th, Bond of the lllth, Shepherd of the 107th and Ezzard of the 102nd:
A Bill to be entitled an Act to provide that all public schools of this State shall provide instruction in the role and contributions of Ameri can Negroes and other ethnic groups in the history of this country and the State of Georgia; and for other purposes.
Referred to the Committee on Education.

456

JOURNAL OF THE HOUSE,

HB 401. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide that a stepparent shall be liable for the support and care of his stepchild; and for other purposes.
Referred to the Committee on Welfare.

HB 402. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act approved March 14, 1963 (Ga. Laws 1963, pages 81-121), so as to authorize the Division for Chil dren and Youth of the State Department of Family and Children Serv ices to provide medical, hospital, psychiatric, surgical, or dental serv ices when needed on an emergency basis without securing prior con sent of parents or legal guardians of children under 21 years of age; and for other purposes.
Referred to the Committee on Welfare.

HB 403. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to authorize and empower the State De partment of Family and Children Services to reimburse the County Commissioners or the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by an employee of the County Department of Family and Children Services who has been assigned full-time by the State Department of Family and Chil dren Services to work in a State institution located in such county; and for other purposes.
Referred to the Committee on Welfare.

HB 404. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative findings; to authorize and direct the Governor to execute a compact on behalf of this State with other states legally joining therein; and for other purposes.
Referred to the Committee on Welfare.

HB 405. By Messrs. Kreeger, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Charter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 13, 1969

457

HB 406. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the description ol the State Flag of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

Mrs. Merritt of the 46th moved that HB 406 be engrossed.

The motion prevailed, and HB 406 was ordered engrossed.

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Mat thews and Fallin of the 63rd, Russell and Keyton of the 70th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes
Referred to the Committee on Judiciary.

HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Commissioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.
Referred to the Committee on Local Affairs.

HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A Bill to be entitled an Act to provide how motorcycles shall be oper ated in this State; to provide that certain equipment and devices must be on certain motorcycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motor cycles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 410. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to create a new State Department of Public Safety and a State Board of Public Safety; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Harris, Farrar, Thomason and Levitas of the 77th and Dean of the 76th:
A Bill to be entitled an Act to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county treasuries of the various counties composing the Cir cuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 412. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to require glass doors to be constructed of safety glass; to provide that the Georgia Safety Fire Commissioner shall compile and publish a list of types of safety glass made of safety glazing materials approved by him; to provide that it shall be un lawful to install any glass door which is not constructed of safety glass after a certain date; and for other purposes.
Referred to the Committee on State of Republic.

HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th:
A Bill to be entitled an Act relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 414. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating Department of Public Safety, so as to transfer the Georgia Bureau of Investigation to the Department of Law; and for other purposes.
Referred to the Committee on State of Republic.

HB 415. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act to provide the informa tion concerning the commission of certain crimes shall be submitted to the Bureau of Investigation by law enforcement agencies; and for other purposes.
Referred to the Committee on Judiciary.

HB 416. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to authorize the Attorney General to em ploy such personnel as he deems necessary as agents of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on State of Republic.

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459

HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to change the qualifications for ordinaries in certain counties of this State; and for other purposes.
Referred to the Committee on Local Affairs.

HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer and Mathews of the 16th, Brooks of the 17th, Dorminy of the 48th, Grahl of the 40th and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing for issuing spe cial license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 419. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judges of certain Superior Courts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 420. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 421. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said officers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 422. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax com missioners, to make levy of such fi. fas., advertisement of the sale of

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property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.
Referred to the Committee on Local Affairs.

HB 423. By Messrs. Matthews, Bostick and Pallin of the 63rd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 424. By Mr. Poole of the 10th: A Bill to be entitled an Act to authorize the creation of water, sewer age, garbage, gas or fire protection districts within Pickens County by the governing authority of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 425. By Mr. Poole of the 10th: A Bill to be entitled an Act to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 426. By Mr, Egan of the 116th: A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board and Treasurer of the State Highway Board, so as to provide that manner in which 10% of the highway funds shall be expended; and for other purposes.
Referred to the Committee on Highways.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 346. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat position; and for other purposes.

HB 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act providing that the con struction and maintenance of portions of the State aid system of roads

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lying wihin the corporate limits of municipalities shall be the responsi bility of the State Highway Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.

HB 348. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other purposes.
HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocacation of motor vehicle driver's licenses, so as to provide for the ex amination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1970; and for other purposes.

HB 350. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal property, so as to increase the rate of tax on the fair market value of money; to increase the rate of tax on stocks; and for other purposes.

HB 351. By Messrs. Longino of the 98th, Ware, Mullinax, Potts and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Palmetto in Pulton and Coweta Counties, so as to provide that the Mayor appoint a recorder, to establish such recorders, powers and duties and to provide for a recorders compensation; and for other purposes.

HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Ployd of the 7th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to pro vide for a Fiscal Officer for the Legislative Branch of Government; and for other purposes.

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HB 353. By Mr. Games of the 104th:
A Bill to be entitled an Act to amend an Act providing for the collection of taxes and prescribing rates for the taxation of property classified as intangible property, so as to increase the rate of taxation on all accounts receivable and notes not representing credits secured by real estate; and for other purposes.

HB 354. By Messrs. Matthews of the 63rd, Northcutt of the 21st, Knowles of the 22nd, Brantley of the 52nd, Wamble of the 69th and others:
A Bill to be entitled an Act to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, and any future plan adopted by said Department, pursuant to said statutory authority, shall in the case of presently adopted plans, be amended to provide that the provisions for medical assistance contained therein shall include medical assistance rendered by chiropractors; and for other purposes.

HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under that name and style; to provide for a repeal of all laws that are in conflict with the Charter and the several acts amendatory to the Charter; and for other purposes.

HB 356. By Messrs. Barber of the 15th and Williams of the llth:
A Bill to be entitled an Act to amend an Act known as "The Driver Training School License Act", so as to change the requirements neces sary for driving school instructors; and for other purposes.

HB 357. By Messrs. Farmer of the 16th and Pafford of the 64th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the election of a commissioner of industrial loans; and for other purposes.

HB 358. By Messrs. Farmer of the 16th and Pafford of the 64th:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the title of said officer; to provide that the Attorney General shall be said officer; and for other purposes.

HB 359. By Messrs. Farmer of the 16th and Pafford of the 64th:
A Bill to be entitled an Act to amend Code Title 56, which constitutes the Georgia Insurance Code, so as to provide for a Department of In-

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surance; to provide for the election and term of office of the Commis sioner of Insurance; and for other purposes.

HB 360. By Messrs. Dodson of the 82nd, Jones of the 84th, Nunn of the 41st, Egan of the 116th, Evans and Scarborough of the 81st and Felton of the 95th:
A Bill to be entitled an Act to provide that the State of Georgia shall be liable for damages caused as a result of the negligent operation of motor vehicles by its officer%, agents, servants and employees; and for other purposes.

HB 361. By Messrs. Douglas of the 42nd and Hudson of the 48th:
A Bill to be entitled an Act to he known as the Georgia Public Livestock Market Charter Act; to create the Georgia State Public Livestock Board; and for other purposes.

HB 362. By Messrs. Douglas of the 42nd and Hudson 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 buy ers of goods; and for other purposes.

HB 363. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits; and for other purposes.

HB 364. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.

HB 365. By Messrs. Roach, Harris and Poole of the 10th:
A Bill to be entitled an Act to provide that the successors to the mem bers of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.

HB 366. By Messrs. Collier of the 54th, Matthews of the 63rd, Holder of the 49th, Hudson of the 48th, Parker of the 46th and others:
A Bill to be entitled an Act to amend Code Chapter 93-3 relating to jurisdiction, powers and duties of the Public Service Commission, so

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as to authorize the commission to consider certain factors when fixing rates of public utilities under its jurisdiction; to provide for appellate review; and for other powers.

HB 367. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.

HB 368. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the com pensation of the said county officials; and for other purposes.

HB 369. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.
HB 370. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Mount Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Coun cilman shall be eligible to run for Mayor unless he resigns as a Coun cilman; and for other purposes.
HB 371. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said city; and for other purposes.
HB 372. By Mr. Odom of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and pro viding for a new Criminal Code, so as to provide that it shall be un lawful for a member of the General Assembly to ask, induce or entice a department head or an agency, division or department of State Gov ernment to hire a particular individual or particular individuals; and for other purposes.

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HB 373. By Messrs. Buck of the 84th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 77-525, relating to the power of the State Board of Pardons and Paroles to adopt rules and regulations, so as to provide a method of computing eligibility for parole consideration of convicted felons; and for other purposes.

HB 374. By Messrs. Buck of the 84th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life environment, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; and for other purposes.

HB 375. By Messrs. Eainey of the 47th and Dickinson of the 118th:
A Bill to be entitled an Act to amend an Act completely and ex haustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the hunting of deer from scaffolds or tree stands; and for other purposes.

HR 131-375. By Mr. Carnes of the 104th:
A Resolution creating the Intangible Tax Interim Study Committee; and for other purposes.

HR 132-375. By Messrs. Brown and Melton of the 32nd:
A Resolution compensating Mr. Idus Eugene Sanders; and for other purposes.

HR 133-375. By Mr. Rush of the 51st:
A Resolution relative to protection of the Capitol Building and Grounds; and for others purposes.

HR 134-375. By Messrs. Gunter and Moore of the 6th:
A Resolution compensating Mr. T. L. Hodges, Jr.; and for other purposes.

HB 376. By Messrs. Odom and Lee of the 61st and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the Department of Labor, so as to delete the authority of the Commissioner to appoint, compensate and remove officials and employees of the Department of Labor; and for other purposes.

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HB 377. By Messrs. Barfield of the 71st, Russell of the 70th, Barber of the 15th, Bennett of the 71st, Ross of the 26th, Pafford of the 64th and others:
A Bill to be entitled an Act to create the Georgia State Board of Cos metology; and for other purposes.

HB 378. By Messrs. Henderson of the 117th, Gunter of the 6th, Thompson of the 86th, Clarke of the 33rd, McClatchey of the 113th and others:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and pro viding for a new Criminal Code, so as to prohibit certain activities re lating to the use of credit cards; and for other purposes.

HB 379. By Mr. Bowen of the 47th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to change 'the compensation which may be paid to the deputy sheriff; and for other purposes.

HB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A Bill to be entitled an Act to authorize the Judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix compensation of a secretary; and for other purposes.

HR 135-380. By Mr. Westlake of the 75th:
A Resolution creating the Joint Automobile Liability Insurance Study Committee; and for other purposes.

HB 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th, Townsend of the 115th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to mu nicipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; to delete therefrom all references to non-partisan primaries; and for other purposes.

HB 382. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Daugherty of the 109th, Adams of the 100th, Townsend of the 115th 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 specify the general election for the City

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of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.

HB 383. By Messrs. Brown of the 110th, McClatchey of the 113th, Horton of the 95th, Bond of the lllth, Adams of the 100th, Hood of the 99th and others:
A Bill to be entitled an Act to amend Chapter 23 of the Code of Georgia of 1933, relating to surety bonds for public contracts, so as to increase the total amount of the contract price where such bonds shall be re quired from $1,000 to $5,000; and for other purposes.

HB 384. By Mr. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Hill of the 94th, Gignilliat of the 89th, Battle of the 90th, Ellis of the 91st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.

HB 385. By Messrs. Busbee of the 61st and Harris of the 77th:
A Bill to be entitled an Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; and for other purposes.

HB 386. By Messrs. Adams of the 110th, Brown of the 110th, Shepherd of the 107th, Sims of the 106th, Alexander of the 108th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of the Solicitor-General of said Circuit, so as to change the number of trial assistant district attorneys that may be appointed; and for other purposes.

HB 387. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide for the appointment of Assistant District Attorneys of the Stone Mountain Judicial Circuit; to provide for the powers and duties of said assistants; to provide for the payment of salaries for said assistants; and for other purposes.

HB 388. By Mr. Harris of the 77th:
A Bill to be entitled an Act to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being ex amined before said Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.

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HB 389. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of DeKalb County, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said Court; and for other purposes.

HB 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.

SB 52. By Senators Gillis of the 20th, Cox of the 21st, Kidd of the 25th, and Starrof the 44th: A Bill to be entitled an Act to amend Section 56-808a of the Georgia Insurance Code, so as to change the word "state" to the word "jurisdic tion" in certain instances; and for other purposes.
Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 180. Do Pass. HB 222. Do Pass by Substitute. HB 224. Do Pass. HB 247. Do Pass. HB 249. Do Pass as Amended. HB 253. Do Pass. HB 267. Do Pass. HB 268. Do Pass. HB 273. Do Pass. HB 276. Do Pass. HB 284. Do Pass. HB 285. Do Pass. HB 287. Do Pass. HB 290. Do Pass.

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HB 291. Do Pass. HB 293. Do Pass. HB 297. Do Pass. HB 298. Do Pass. HB 299. Do Pass. HB 300. Do Pass. HB 301. Do Pass. HB 302. Do Pass. HB 305. Do Pass HB 306. Do Pass. HB 307. Do Pass. HB 309. Do Pass. HB 310. Do Pass. HB 311. Do Pass. HB 312. Do Pass. HB 313. Do Pass. HB 314. Do Pass. HB 315. Do Pass. HB 316. Do Pass. HB 322. Do Pass. HB 323. Do Pass. HB 325. Do Pass. HB 326. Do Pass. HB 338. Do Pass. HB 339. Do Pass. HB 340. Do Pass. HB 341. Do Pass. HB 342. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Ju diciary, submitted the following report:

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Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 133. Do Pass as Amended. HB 270. Do Pass. HB 318. Do Pass. HB 289. Do Pass as Amended.

Respectfully submitted, McClatchey of the 113th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 73. By Senator Smalley of the 28th:
A Bill to provide for the number of directors of railroad corpora tions; to provide for the ratification of prior actions of Boards of Directors thereof; to repeal conflicting laws; and for other purposes.

HB 83. By Senator Chapman of the 32nd:
A Bill to amend the Statewide Probation Act, approved Feb. 8, 1956 (Ga. L. 1956, p. 27), as amended, so as to change the designation of the circuit probation supervisors, and the designation of field super visors to area supervisors; to repeal conflicting laws; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 6. By Mr. Harris of the 77th:
A Bill to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

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471

HB 9. By Mr. Harris of the 77th:
A Bill to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will; and for other purposes.

HB 90. By Messrs. Hale of the 1st and Harris of the 77th:
A Bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 73. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; and for other purposes.
Referred to the Committee on Judiciary.

SB 83. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend the Statewide Probation Act, so as to change the designation of the circuit probation officers to circuit probation supervisors, and the designation of field supervisors to area supervisors; and for other purposes.
Referred to the Committee on Special Judiciary.

Mr. Williams of the llth assumed the Chair.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 180. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act amending an Act in corporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 222. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to provide a new charter for the Town of Walnut Grove; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Walnut Grove in the County of Walton, and State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to pro vide a municipal government therefor; to define the territorial limits of said town; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the or dinances, rules and regulations of said municipality; to define the special powers and duties of the mayor; to provide for elections of mayor and council members and define their qualifications, terms of office, their meetings and methods of appointing and electing officers and employees of said town, the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compen sation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the re sults thereof; to provide the selection of a mayor pro tern., to define his qualifications, duty and term of office; to provide for registrars, to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, recorder's court, town council, arbitrators and other appeals; to provide for the appointment or elec tion of a clerk, marshal, chief of police, treasurer, health officer, town attorney, recorder, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Walnut Grove, to provide for the reading and con sideration of orders, ordinances, rules and regulations how they may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes, to establish values, to appoint appraisers, to define their duties and qualifications, to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and lane paving, to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebted-

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473

ness, their sale and lien; to provide for sewer and water connection, the installation of sanitary equipment and fixtures, to provide penal ties for refusal or noncompliance; to provide for extension of water and sewer mains and system; to provide for dog tax and treatment, pre scribing the penalties therein; to provide for general police protection and sanitary and health measures and requirements; to provide for a street tax; to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to appoint a recorder and to define his duty and term of office; to provide for and define a recorder's court, to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone or fire limits; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic regulations as well as speed, parking and travel; to provide for franchises; to provide for sales by officers and passage of title and possession; to define and provide punishment for vagrance; to provide for a cemetery; to provide for abatement of nuisances, the use of firearms and fireworks; to pro vide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sale, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Walnut Grove; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, au thority and governmental jurisdiction of the Town of Walnut Grove, its mayor, council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, and from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Walnut Grove, Walton County, Georgia, hereinafter described, be, and they are hereby continued in corporated under the name and style of the "Town of Walnut Grove" and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and heredita ments now belonging or in any way appertaining to the said Town of Walnut Grove as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That said Town of Walnut Grove, as a municipality, shall have perpetual succession and is vested with the rights to contract, and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, to have and use a common seal and do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said town, and to exercise such rights, powers, functions, privileges and immunities as ordinarily belonging to municipal corporations generally under the law
as well as those hereinafter enumerated.

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(a) Be it further enacted that said Town of Walnut Grove as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said Town of Walnut Grove as heretofore incorpor ated, and all existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the city as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however, the town council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein.

(b) That said corporate body under the name and style of Town of Walnut Grove shall have all the rights, powers and privileges to pur chase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy and retain in perpetuity or for any term of years or dispose of in any manner known by law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the Town of Walnut Grove for corporate purposes. The said town, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agree ments, as it may deem necessary for the welfare of the town or its citizens and specially to make contracts with public or private electric light or power plants, water works plants or gas plants, or any other public convenience or necessary company for their products, service and convenience; to assess values of property, to levy and collect taxes; licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of said town.

Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the Town of Walnut Grove are defined to be:

That the corporate limits of the Town of Walnut Grove shall encompass all the property and inhabitants of the territory em braced within the limits of a radius of a half mile in every direction from the center point of the intersection of Highways 81 and 138, as such intersection is located within the present corporate limits of the Town of Walnut Grove.

Section 3. There is hereby established in said municipality a re corder's court, having jurisdiction to try offenses punishable by or dinances of the mayor and council. In addition said court shall sit as a committing court, having such power and authority with respect to crimes punishable under statutes of this State as are now vested in justices of peace. The mayor and council shall select the first incumbent who shall serve until his successor be elected by the people, as herein after provided, or until his successor is elected and qualified. A suc cessor to said incumbent shall be elected by the people, in the manner and at the same time herein provided for the mayor, on the first Mon day in January, 1970, and his term of office is fixed at two years. He shall take office along with the mayor, and at the same time.

Section 4. (a) Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said Town of

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Walnut Grove shall be vested in a mayor and four council members to be known as "Town Council." That the mayor and council members shall be elected from the town at large in the manner hereinafter pro vided. The term of the mayor shall be for two years and the term of each council member shall be as follows:
At the first election after the granting of this charter two council members shall be elected for a term of one year and two council members for a term of two years; thereafter, the term of each council member shall be for a term of two years.
(b) Be it further enacted by the authority aforesaid that the mayor and council members shall constitute the town council of said town and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, street railways, automobiles, bicycles, trucks, delivery wagons, sales stables, warehouses, storehouses, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, tele graph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said town, for the preserving of the peace, good order and dignity of said govern ment. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts heretofore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act.
(c) That said town council shall have the authority and power to negotiate for loans, to borrow money on behalf of the Town of Walnut Grove, to pledge the property and assets of said town as security, and to execute such and all instruments they deem necessary for any loan made to said town.
(d) That the mayor and two council members shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and the mayor and two council members shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes of those present shall de termine all questions coming before council.

(e) That said council shall hold regular meetings at least once a month at stated times and places in said town.

(f) That said town council may hold such special meetings to be called by the mayor, or in his absence by the mayor pro tern., or if two or more council members request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor, or mayor pro tern, in the absence of the mayor, to comply with such re quest. Notice of all special meetings of town council shall be given each council member when said officer is in said town and can be located.

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(g) That at any meeting any council member shall have the right to call for an aye and nay vote upon any question requiring action by council and such aye and nay vote will be taken if two council members vote for same and the vote will be shown on the minutes of town council.

(h) That all meetings of town council shall be public and the public shall be allowed at all times to witness and hear the delibera tions of town council, except when town council resolves itself by a majority vote into executive session then the public shall be excluded.

Section 5. Be it further enacted by the authority aforesaid that general elections of said town shall be held biannually on the first Mon day in January, the next general election shall be held in 1970, and at such general election town officials as are elected by the voters of said town at such elections will be elected to fill the vacancies in terms of office which expire on January 31--biannually of the year of the general election.

Section 6. Be it further enacted by the authority aforesaid that the town council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said town. Said special election should be held as soon as practicable, and not less than thirty days from the date of the vacancy, notice of the time of the special election shall be published once in a local news paper, and said special election to be held under the same rules and regulations as general elections.

Section 7. (a) Be it further enacted by the authority aforesaid that all elections general and special or upon any question to be sub mitted to the voters of said town shall be held by at least three per sons, citizens and electors of the Town of Walnut Grove, who are qualified to hold and superintend town elections, the said election shall be held at the town hall and at such other polling places as may be designated by town council, the polls shall open at seven o'clock a.m. and close at seven o'clock p.m. Eastern Standard Time, and no count of votes shall begin until after the polls are closed. The election hold ers or managers shall be appointed by town Council and shall take
the following oath:

"We and each of us do solemnly swear that we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God."

(b) The election holders or managers shall elect one of their number as chairman, and upon all questions coming before them a majority vote will determine the issue.
(c) The said election managers shall determine who are voters from the voters' list prepared by the registrars of the Town of Walnut Grove and shall keep an accurate record and tally of all votes cast in any election. After all votes are counted the election managers shall

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declare and publish the number of votes received by each person at said election and declare the results of said election. Appeal may be made from any official act of said election managers or to any elec tion contest to town council and if appellant is dissatisfied with the decision of town council, he shall have the right to certiorari to the Walton Superior Court.

(d) All tally sheets, the voters' lists and other records together with the ballots shall be given the clerk of said town for council to dispose of as Town Council deem proper.

(e) That all ballots shall be printed or written, and all protection to be afforded the elector so that he may cast a secret ballot.

(f) The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected.

(g) That town council shall have the power and authority to adopt and pass any rules and regulations for the holding of town elections not inconsistent with this character, the laws of Georgia or of the United States. The details may be delegated to the election managers.

Section 8. Be it further enacted by the authority aforesaid that the power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the town council. They may, by ordinance or otherwise regulate and provide means and methods for said elections to be held. They may designate when, how, and under what conditions candidates for any town office may qualify, when the qualification will open and close and the fee connected there with. Any person dissatisfied with the final decision of town council with reference to any election may certiorari to Walton Superior Court.

Section 9. Be it further enacted by the authority aforesaid that the town of Walnut Grove shall provide and keep a book to be called the permanent registration book upon while all persons desiring to qualify as electors in and for said Town of Walnut Grove shall be required to qualify by registering therein, providing however, that should the said town now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the Town of Walnut Grove unless such elector has been removed from the voters' list. It shall not be required of any citizen to register but once in said registration book except as provided above, and the list of voters for all elections shall be prepared from said permanent registration book which list shall have thereon all the eligible electors for the Town of Walnut Grove.

(a) That the town council shall appoint three citizens of Walnut Grove as registrars whose term of office shall end December 31 of each year and until their successors are appointed and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said town. The registrars shall elect a chairman

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from the board of registrars and shall revise and prepare a list of quali fied voters before any election held in said town.

(b) The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior to any election to be held by said town.
(c) The registrars shall upon the close of registration as stated above immediately begin upon their duties and prepare said voters' list or list of qualified electors. They shall remove from said list the names of any person or persons who:

1. Have died.

2. Have moved without the town limits.

3. Are otherwise disqualified to vote.

(d) That when a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearings to be held not less than three days from date of service of notice and service may be made by per sonal service if the person lives within the limits of Walnut Grove, and by mail if the person resides without the town limits or cannot be found if living within said limits. If any person is dissatisfied with the de cision of said registrars at said hearing, he may appeal to town council, then if he is dissatisfied with the decision of town council he may certiorari to the Superior Court of Walton County, Georgia.

(e) The said registrars shall file the completed list of voters or electors in duplicate with the clerk of said town at least four days be
fore any election and the said clerk shall deliver the original of said list to the election manager before or the day of election.

(f) That said registrars shall take the general oath required of the mayor before performing any of their duties.

(g) That town council shall have authority and power to make all necessary ordinances, rules and regulations regarding registration of voters, preparing voters' lists, holding elections, publishing returns, is suing certificates of election and all other matters pertaining to the same.
Section 10. (a) Be it further enacted that the mayor of said town shall be the chief executive officer of the Town of Walnut Grove. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully and fully executed and enforced, and that all officers of said town faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said town. He shall preside, if present, at all.meetings of the town council, and shall vote only in case of a tie vote of Council, and as specified herein-

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after. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by Council, if in his judgment such ordinance, rule, resolution, or regulation is not to the best interest of said town. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of town council by the affirmative concurring vote of two-thirds of the council members present. The ayes and nays to be taken. In the event the mayor does not approve or veto any ordinance, resolution, rule or regulation within five days after its passage and adoption by town council then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was ap proved by the mayor.

(b) Be it further enacted that the mayor and each member of council before entering upon the duties of his office shall take and subscribe to the following general oath:

"I do solemnly swear (or affirm) that I will well and truly perform the duties of Mayor or Council member of the Town of Walnut Grove to the best of my skill and ability and as to me shall be to the best interest and welfare of said town, without fear, favor or affection, so help me God."

The foregoing oath shall be deemed sufficient and adequate for any town official.

(c) That the mayor of said town shall preside over all meetings of town council, and he shall have authority to convene the council in extra or special session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before said town council, except in the election of officers and employees of the town or in cases of a tie vote of council.

Section 11. Be it further enacted that the town council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect a Council member as mayor pro tern., whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. That in case of vacancy in the office of the mayor, the mayor pro tern, shall perform all the duties pertaining to the office of mayor until the next regular election, at which time a mayor shall be elected for the unexpired term, if any. The mayor pro tern, when so acting shall be known as "Acting Mayor".
Section 12. Be it further enacted by the authority aforesaid that any citizen of Walnut Grove shall be eligible for the office of mayor, or council member who has resided in said State for one year and in said town six months immediately preceding the election. He or she must be over twenty-one years of age and must reside within the corporate limits of said town when he becomes a candidate for office, and remain a citizen during his term of office.
Section 13. (a) Be it further enacted by the authority aforesaid that all ordinances, orders and resolutions shall be read aloud at the

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sessions of town council and after a vote on said ordinance, order, or resolution and if passed, the same shall become effective as soon as approved by the mayor or should the mayor veto the ordinance, order or resolution, then the same will have to be further considered as provided for herein. Should the mayor allow more than five days to lapse after the passage of an ordinance, order or resolution without taking any action thereon then the same becomes operative as if approved by the mayor.

(b) All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate books and records by the clerk of said town open for reasonable inspection during office hours.

(c) That the town council shall have the authority to have pre pared and published in a book form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said town to be known as "Code of the Town of Walnut Grove", the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the town council the same as ordinances and any sec tion or part thereof under a certificate of the clerk of said town veri fying the same to be the "Code of the Town of Walnut Grove", or any section or part thereof shall be admitted to record in any court of this State.

Section 14. (a) Be it further enacted by the authority aforesaid that the Town of Walnut Grove is hereby granted the power and privilege of eminent domain, and the town council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said town, for public parks, play grounds, water supply, sewers, forms for handling and disposing of sewerage, or gar bage, or trash, and for any other public purposes and improvements.

(b) The said town is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the town.

(c) Be it further enacted by the authority aforesaid that the town council shall have the power and authority to widen, extend, im prove or straighten any street, alley, lane or square in said town and to open, lay out, and establish any new street, alley, lane, walk or square, any building or bridge, or whatsoever nature. The power and authority of eminent domain is granted to said town for these pur poses and should eminent domain be exercised by the laws of Georgia in force at the time eminent domain is exercised by the town shall govern the procedure.

Section 15. (a) Be it further enacted by the authority aforesaid that there shall be a clerk of council, elected by the town council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the town council in appropriate books. He or she shall be

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ex officio clerk of the recorder's court of said town and keep records of said court. He shall issue all licenses, permits and receipts in the name of said town, to collect therefor and account for all funds so collected. He or she shall issue summons and writs when directed by the mayor, any council member, town marshal, town police or town at torney, and to perform such other duties as he may be directed to doby the mayor or town council whether by rule, resolution or otherwise.

(b) There shall be a treasurer for the Town of Walnut Grove, the clerk of council may also be treasurer, whose duty it shall be to re ceive and safely keep all moneys belonging to said town. He or she shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for special purposes. He or she shall pay out money only when he or she is of ficially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said Town of Walnut Grove and he shall perform all the duties of tax receiver and collector, including the issuance of tax fi. fas. and executions. He shall make general and spe cific reports when called upon by the town council and his books shall be kept open for reasonable inspection during office hours.

(c) There shall be a town marshal for the Town of Walnut Grove, elected by the town council, and he shall make levies for taxes and other executions issued by said town, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or as signed to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by town council.

(d) That the town council is further authorized and empowered to elect a chief of police, policeman, health officer, building inspector, chief of fire department, town physician, town attorney, town en gineer, water works superintendent, cemetery keeper, and such other officers and employees as said town council may deem necessary from the Town of Walnut Grove.
(e) Be it further enacted, that the town council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom when ever the town council may deem such to the best interest of the town. Each person elected or appointed by the town council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the mayor or town council. Appeal may be made to the town council if the person so dismissed or removed de sires, and in the event his appeal is sustained by an affirmative vote of four members of council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the Council, then his salary will cease effective at the time of his removal or dismissal by the mayor or council and he has no further recourse from the appeal except by certiorari to the Superior Court in and for Walton County, Georgia.

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(f) Be it further enacted by the authority aforesaid that town council is authorized and empowered to fix and determine the com pensation and salary to be received by each employee, either elective or appointive, of said Town of Walnut Grove, including the mayor and council members. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of council of each calendar year, or as soon there after as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the town council.

(g) That any official of the Town of Walnut Grove may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the Town Council for gross neglect of official duty and shall have the right to certiorari to Walton Superior Court is dissatisfied with the decision of the Town Council.

(h) That the town council may audit or have an audit made of all or any part of the town records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit.
Section 16. (a) Be it further enacted by the authority aforesaid that the town council is hereby granted power and authority to au thorize any arresting officer of said town to take and accept bond for the appearance at police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the Town of Walnut Grove owning property of a net unincumbered value in excess of the homestead exemp tion and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security.
(b) In the event the principal appears in recorder's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability.
(c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the town. Should a bond with some person s security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi issue returnable to the next regular term of recorder's court against the principal and his surety, which shall be served by the town marshal or any policeman upon the principal and surety if either can be found at least five days before the returnable terms. Service may be personal or by leaving a copy thereof at the residence of defendant and/or surety. If at such return term of recorder's court no sufficient cause is shown to the con trary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Execution or fi. fa. may issue to enforce collection of said judgment and when col lected the funds are to be placed in the general funds of said town for its use.

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(d) Should the principal, who is the defendant, fail to appear at the recorder's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by an arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the Town of Walnut Grove for trial.

Section 17. Be it further enacted by the authority aforesaid that town council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The town council or the town tax assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return and town council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm or corporation failing to make such return.

Section 18. Be it further enacted by the authority aforesaid that town council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the Town of Walnut Grove, and to require each itinerate or irregular, or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the Town of Walnut Grove to make application for a license or permit and to pay a tax or license fee to the Town of Walnut Grove. Town council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may be exempt from the payment of the same by the laws of this State or the United States, but town council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the Town of Walnut Grove.

Section 19. Be it further enacted by the authority aforesaid that the said town council shall have the right and power to raise necessary revenue to properly carry on the government of the said town, to build and repair sewers, waters lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, side walks, bridges and drains of said town, to light the same, to properly police the same, to pay salaries, costs and expenses of town officers and employees, to establish and maintain a fire department, to erect and maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the town, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and pro viding means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the

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discretion of town council to add to the comfort, safety convenience, benefit, health, advantage of said town and the citizens thereof, and for the improvement of said town as may in their best judgment be necessary and for other purposes, in order to properly carry on the town government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of said town, as council may determine, subject under the law to pay such tax. Also to tax not exceeding three ($3.00) dollars on each one hundred ($100.00) dollars worth of property within the corporate limits of said town; also to impose and collect such tax or license fee as the town council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or direct tax in such manner and by such methods as town council may deem to the best interest to said town; but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said town.

Section 20. Be it further enacted that every person, firm, or corporation owning property, real or personal, or otherwise, sub ject to taxation by the Town of Walnut Grove, shall make a return of such property for taxation to the clerk of said town, he being the clerk of council, or before the first day of April of each year. In the event such return is not made on or before April of each year, then the tax assessors or town council shall make the return, and penalties as may be provided for by the town council shall be added to and considered as a portion of the taxes on the property so returned.

Section 21. The mayor and council members of said Town of Walnut Grove shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The town council shall have authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due, and to fix a penalty for the nonpayment of taxes or any part thereof, to offer a discount for payment of taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the Town of Walnut Grove, the same shall be a lien against all the property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the town marshal or any other authorized by the laws of this State make levy and sale. The town marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State.

Section 22. Be it further enacted by the authority aforesaid that it shall be the duty of town council each year before taxes and tax valuations are assessed and passed upon, to determine whether a board of tax assessors shall be appointed or whether the members of town council will act as tax assessors for the Town of Walnut Grove. This action of town council should be reflected in the minutes of town council meeting.

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Section 23. In the event town council decides to appoint a board of tax assessors for the Town of Walnut Grove, it shall make such appointments on or before the regular April meeting of town council,, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the board of tax assessors for the Town of Walnut Grove shall have been a citizen of Walnut Grove for not less than one year prior to his ap pointment, shall be a freeholder and taxpayer of said town, shall not be less than twenty-one years of age at the time of his appointment, shall not be an elective officer of either the town, county, or state during his term of office as tax assessor. Each tax assessor shall prescribe to the following oath before entering upon the discharge of his duties:

"I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the Town of Walnut Grove without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation in accordance with the law and with the ordinances of said town, and that I will make a just and earnest effort to apply the same rules as to value to all taxpayers and to equalize the values placed upon the properties of the several taxpayers, so help me God."

Section 24. The board of tax assessors shall consist of three members, they shall be appointed by town council as provided for herein, they may elect one of their members as chairman, and use the services of the clerk of town council if they deem necessary. Any vacancy in said board may be filled by town council for the unexpired term. A majority of the board is a quorum and two affirmative votes are necessary to carry a motion or to take affirmative action.

Section 25. It shall be the duty of the board of tax assessors for the Town of Walnut Grove to carefully examine all returns of both real and personal property of each taxpayer in the Town of Walnut Grove, and if in the opinion of the board any taxpayer has omitted from his return any property which should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deem to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before finally fixing the value of any such property it shall be the duty of such member of the board to familiarize himself with the property included in such return, and if necessary in order to familiarize himself with such property within the limits of said town to view the property themselves. It shall be the duty of said board to see that all taxable property within the limits of said town is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between individual taxpayers are fairly and justly equalized, so that each tax payer shall be called upon to pay as near as may be, only his proportion ate share of the taxes. The said board shall pass upon all returns submitted in said Town of Walnut Grove within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the taxpayer shall stand approved as proper return of said taxpayer for that year.

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Section 26. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said town to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by town council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property, or his agent, and the same rights as to hearings and arbitration accorded each owner as provided in this Act in cases where the board of assessors changes a return submitted by a taxpayer.

Section 27. In all cases where a change is made by the board of tax assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing, either personal service or by mail. In cases of nonresidents, notice shall be served by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Walnut Grove shall be sufficient service. On the date and at the time set by said notice, unless said hearing is continued by the board, and notice is likewise served in writing as provided for herein, the said board shall meet and hear any complaint from the taxpayer as to the changes made. The valuations placed upon all items of property in said return by the taxpayer which are not increased or changed by the said board in their first instance shall be considered as approved by the said board as correct, and said valuations shall, after approval by the board, be final fixed by such approval as the true and correct valuation of all such items for the year for which the return was made. Only the items which have changed or added may be considered at said hear ing. If, upon the hearing accorded to the taxpayer as to those items which are changed or added by the board and the consideration of the matter, the board does not assess a valuation upon the items changed which is satisfactory to the taxpayer, the latter shall have the right to file with the town council of Walnut Grove a written request that the valuation placed upon the items changed or added by the board of tax assessors from the original return thereof be reviewed by the town council and a true and correct valuation fixed by the town council. Such written notice shall be filed with the clerk of the Town of Walnut Grove within five days from the decision of the board of tax assessors on the hearing of the taxpayer. The said notice shall set forth the items of which the taxpayer is dissatisfied and for which he wishes the town council to review. The Town of Walnut Grove likewise has the privilege of appealing from said board of tax assessors' decision to the town council by giving five days' written notice to the taxpayer setting forth the items upon which the appeal is made. The town council shall, at its next regular or called meeting, after said notice is duly filed, providing said meeting is more than five days from the time the notice was filed, hear and consider the complaint made and raised by said notice. The taxpayer shall be notified of the time and place of council meeting. The town council shall have full and complete power to investigate the valuations placed on the items objected to as stated by said notice, and may make this

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investigation by any means town council desires to effect and ascertain the true market value of the items specified in such notice or appeal may be considered by the town council and the balance of the return will be considered as correct and conclusive. The town council shall notify the taxpayer of its decision and such notice shall be in writing..
Section 28. In all cases where the taxpayer is dissatisfied with the valuation placed upon the item or items of property upon which a hear ing before Council was held on as set forth herein, the right to finally determine the fair market value of such property by arbitration shall be granted. Any taxpayer desiring arbitration in said matter shall within five days from the time of the decision is made and notice is served upon him by town council file with the Clerk of the Town of Walnut Grove a written notice setting forth his dissatisfaction with the valua tions placed on the property, naming the items upon which arbitration is desired, and shall, at the same time, name a resident and free holder of the Town of Walnut Grove as an arbitrator. As early as possible, and not later than the next regular meeting of town council, the Town of Walnut Grove shall name a resident and freeholder of the Town of Walnut Grove as an arbitrator. The two arbitrators so named shall select a third resident and freeholder of the Town of Walnut Grove, and the three arbitrators thus selected shall meet within twenty (20) days and fix the valuation of those items of property upon which the taxpayer has demanded arbitration. In the event the two arbitrators shall fail to designate a third arbitrator within three (3) days, then the Judge of the Superior Court of Walnut County, Georgia, shall be requested to designate a resident and freeholder of the Town of Walnut Grove as the third arbitrator. The decision of the majority of the arbitrators shall be binding and the decision shall be final and without appeal.
Section 29. Before entering upon their duties as arbitrators, each shall take an oath that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case. Notice shall be furnished to both the taxpayer and the Town of Walnut Grove of the time, place and hour of the hearing to afford all concerned an opportunity to make his or its appearance to be heard. The compensation of said arbitrators shall be the sum of five dollars each, which shall be borne equally by the taxpayer and the town.
Section 30. In the event that the town council of Walnut Grove shall in any year act as tax assessors and do not appoint a board of tax assessors, the same rules and regulations shall apply to the town council as applies to board of tax assessors. All rights and privileges granted to the taxpayer as to a hearing before the town council, and thereafter to arbitration, shall apply and be in force when the town council themselves are the board of tax assessors, and notices and service shall be given and made the same as if a board of three tax assessors had acted as provided for herein.

Section 31. The board of tax assessors shall not pass upon the valuation of property owned by any member of the board, but the town council shall pass upon these returns and the same privileges are

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granted to members of the board of tax assessors to make appeal and to arbitration as provided for herein. No rights shall be withheld from the member of the board of tax assessors for each appeal or arbitration.

Section 32. If any rule is adopted by any board of tax assessors or by council acting as tax assessors as to the method of reaching valuations of the property in the Town of Walnut Grove, the same shall be applied to all the taxpayers of the town, and shall be taken into consideration by the arbitrators. It shall be the duty of the arbitrators to make investigation into any rules or regulations made and adopted by the board of assessors of the town council in determining the values of property and apply these rules to the property they have under consideration during the arbitration.

Section 33. (a) Be it further enacted by the authority aforesaid that the Town of Walnut Grove is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the town may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the town.

(b) The said execution of fi. fa. shall issue in the name of said town by the clerk of council or other official designated by town coun cil, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm or corpo
ration against whom the execution of fi. fa. is issued. The same may be recorded in the records of the clerk of Walton Superior Court and shall have the same dignity as an execution of fi. fa. issued from Walton Superior Court.

(c) The Town of Walnut Grove is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the mayor of said town is autho rized to hear and grant orders for sale of personal property so levied upon, and personal property may be sold after advertising the sale for ten days by posting notices at the town hall and two other public places. Perishable property or personal property, where there is an ex pense in the keeping of the same, may be sold after advertising the sale by posting notices at the town hall and two other places for three days. The marshal of said town, unless some other official is designated by town council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession.
(d) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Walton Superior Court.
Section 34. Be it further enacted by the authority aforesaid that the town council of the Town of Walnut Grove shall have full power and authority to pave, repave, curb, recurb, grade, regrade, repair or im-

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prove any or all of the sidewalks of said town and assess any portion of the entire costs of such paving, curbing, recurbing, grading, regrading, repairing, or improving against the abutting property, and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by the said town council; also to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair, or otherwise improve for travel and drainage any or all of the streets, alleys or ways of the Town of Walnut Grove and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, or other improving against the abutting property and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement area or value of the abutting property, one or more or all, as may be determined by said town council; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb, or otherwise improve the width of the tracks and between the tracks and on the sides of any railroad or railroads running through or across the streets, alleys, ways or lanes of said Town of Walnut Grove, and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving, macadamizing, remacadamizing, curbing, or recurbing, against any property in said town or any part thereof of the railroad company or railroad companies whose railroad runs across or through the streets, alleys, ways or lanes of said town, and against said railroad company or companies; to grade, regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on any property in said town owned by Walton County and against Walton County, according to the lineal feet frontage of such abutting property on said improvement, or ac cording to the area or value of such abutting property, one or more or all, as may be determined by said town council; and also to provide for the enforcement and collection of assessments from such abutting or other property and the owners thereof by execution issued against such property and such owners.
Section 35. Be it further enacted by the authority aforesaid that said Town of Walnut Grove through its town council shall have all power and authority to adopt by ordinance or otherwise such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and prorating the same against abutting and other real estate, or any part thereof, and the owner of such real estate according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according to the area of value of said real estate one or more or all as may be determined by town council.

Section 36. Be it further enacted by the authority aforesaid, that the amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making as sessment, and said town council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of council of said town against the real estate so assessed and the owner thereof, and after

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advertising and other proceedings as in the case of tax sales under existing laws and ordinances, or such as may hereafter be made ap plicable to the subject, said property shall be sold in the same manner and shall be subject to all the right of purchase by said town and redemption by the owners as provided by existing laws. The defendant in any execution shall have the right to file an affidavit or illegality denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said town shall be returned to the Superior Court of Walton County, and there tried and the issue determined as in case of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia.
Section 37. Be it further enacted by the authority aforesaid that the town council shall have the authority to issue liens for any balances due or which may become due for such improvements as specified here inbefore, and that the liens of said executions shall be co-equal with the lien of executions for taxes, prior to and superior to all other liens against said real estate, and such liens shall continue until said as sessments and executions thereon shall be fully paid.
Section 38. Be it further enacted by the authority aforesaid that the town council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining otherwise improving the streets, sidewalks, ways and/or otherwise improving the streets, sidewalks, ways and alleys of said town and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments.
Section 39. Be it further enacted by the authority aforesaid, that the town council shall have the authority and power to prescribe by ordinance or otherwise such notice to abutting property owners as may be proper, and for hearing complaints from such property owners, as may be requisite under the law.

Section 40. Be it further enacted by the authority aforesaid that the town council shall have the authority in the name of the Town of Walnut Grove to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement certificates or bonds to cover the estimated cost thereof, which certificaes or bonds shall in no event become a liability of the Town of Walnut Grove, but shall be payable solely from assessments made against real estate under the provisions of the Act, and sell the same at the best price obtainable. Such certi ficates or bonds shall be negotiable and shall be issued in such denomina tions and payable at such times and shall bear such rate of interest payable annually or semi-annually, as may be determined by town council. Said certificates or bonds shall be signed in the name of the

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Town of Walnut Grove by the mayor, attested by the clerk of council of said town, and shall have the corporate seal of said town affixed thereto. They shall be payable to bearer at such place as may be designated and shall be based upon the executions issued against the abutting property owners for street or sidewalk improvement as here inbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registra tion by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered.

Section 41. Be it further enacted by the authority aforesaid that the town council shall have power and authority to prescribe the terms of payment, the rate of interest, and the time and place of payment of assessments made for street and sidewalk improvements under this Act, and executions issued thereon to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street improvement certificates or bonds issued by virtue of the provisions of this Act, and to use such monies so collected for such purpose and for the payment or other expenses incident to such street improvements.

Section 42. Be it further enacted by the authority aforesaid that the provisions of this Act shall likewise apply to any new sewer or water lines or mains the Town of Walnut Grove through its town council may deem necessary to construct or rebuild; and the town council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said town as vested in them by this Act as to paving, repaving, curbing, and otherwise improving the sidewalks and streets of said town, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said town to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvement certificates or sewer improve ment bonds, or water improvement certificates or water improvement bonds, sewer and water certificates or sewer and water bonds, as the case may be.

Section 43. Be it further enacted by the authority aforesaid that no paving or repaving of any of the streets of the Town of Walnut Grove or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said town shall be under taken by the town council except by consent of the property owners owning a majority of the property abutting on the streets to be im proved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said town council shall determine and decide to submit a street improvement project, such consent may be determined by a failure

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of such majority of such owners or property, determined as aforesaid, within fifteen days after the publication in the official newspaper for Walton County of a notice by the clerk of the town council of Walnut Grove that an improvement project is contemplated, naming the street or streets or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by filing a petition by a majority of the owners of the property, determined as aforesaid for an improve ment project, which petition shall specify the street or streets, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said town council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an im provement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then the said town council, before they shall be authorized to proceed further with such improve ment project, shall pass an ordinance providing for such project, which ordinance shall be published one time in the official newspaper of Walton County, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assess ment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made.

Section 44. (a) Be it further enacted by the authority aforesaid, that the town council shall have the power and authority to issue bonds of said Town of Walnut Grove at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomina tion and in such amounts as they see proper; the said bonds shall not bear interest in excess of eight per cent per annum, and not to run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the town council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds will be attested by said town clerk of Walnut Grove under the corporate seal of said Town of Walnut Grove, and shall be negotiated in a manner determined by said town council to be the best interest of said town, provided, however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters at an election held for that purpose, under and in conformity with the general laws of the State governing the issuance of bonds by a municipal corporation.
(b) The said town council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said town at such time or times as they deem best for the purpose of issuing bonds for the improve ments designated in this Act. And said town council shall provide how

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said public debt may be paid and shall constitute a sinking fund for said purpose.

Section 45. Be it further enacted, that said town by and through its town council, shall have full power and authority to acquire, con struct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the "Revenue Anticipation Law of 1937", of this State and Acts amendatory thereof.
Section 46. Be it further enacted by the authority aforesaid that the town council shall have the power and authority to require and com pel all toilets, baths, water closets, urinals, and privies within the corporate limits of the Town of Walnut Grove to connect with the drain in the sewerage mains and sewer pipes of said town, except where such fixtures or the building in which they are located may be more than five hundred (500) feet from any sewer main of said town. That should the owner of the property upon which is located any toilet, bath, water closet, urinal or privy fail and refuse to make the sewerage con nections as referred to herein within thirty days after being requested by said town, then such property owner may be punished as may be provided for by the town council. The Town of Walnut Grove may make or have made the sewer connections and the costs thereof shall be assessed against the property and owner of such property upon which such fixtures are located and the collection of such assessment may be made by said town in the same manner and method as well as the same defenses by the property owner as are now authorized in the collection of taxes by said town.
Section 47. Be it further enacted that the town council of Walnut Grove shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes within the limits of said town to install therein water closets and toilets sufficient to meet the need of the occupants, tenants, employees and patrons of such stores, restaurants, banks, business houses and other enterprises and connect said water closets and toilets with the sewer mains of said town under the terms of and in accordance with and subject to all laws now in force in said town applicable thereto. In the event of refusal by the property owner within 30 days after requested to so do by the town to install and connect the fixtures referred to herein, the town may make or have made such installation and connec tion and issue execution against the property owner for the costs and expenses thereof, with the same priority of lien of such execution and with the same right to owner to file affidavit of illegality to such execution as provided for the collection of taxes by said town.

Section 48. Be it further enacted by the authority aforesaid that the town shall have the right and privilege of extending the water and sewerage mains and system or either and when extended the above

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sections shall apply to the area within the corporate limits of said town where such extensions are made.

Section 49. (a) Be it further enacted by the authority aforesaid that the town council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the Town of Walnut Grove, and shall have the power and authority to pass such ordinances as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of Walnut Grove to impound or kill any dog or dogs at large within the corporate limits of Walnut Grove whose owner has failed or refuses to pay such tax, and also to otherwise provide for punish
ment of such owner or owners.

(b) That town council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated.

Section 50. Be it further enacted that the town council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said town places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said town by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the town from a street tax; to protect the person or property of the citizens of said town; to regulate and control public meetings and public speaking in the streets of Walnut Grove; to contribute and support any work for the physical and moral uplift and benefit of the people of this town; to prevent the obstruction of the streets of said town, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside the town limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia.

Section 51. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the town councilmen of the Town of Walnut Grove may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the town for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the align ment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor

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and councilmen of said town shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity con ducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry
out this section.

Section 52. Be it further enacted by the authority aforesaid that the town council shall have authority to establish a town jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said town shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said town. The presiding officer at the recorder's court is granted authority to sentence any person convicted of the violence of any ordinance or law of said town to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. Town council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp.

Section 53. Be it further enacted by the authority aforesaid that the recorder's court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than 6 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that town council may have the same rights as recorder's court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions.

Section 54. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of recorder's court shall be had to the Superior Court of Walton County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made.

Section 55. (a) Be it further enacted by the authority aforesaid that the town council is vested with power and authority to establish fire limits of fire zones in said town, and to prohibit the erection or remodeling of any wooden building or other structures as will, in the opinion of said town council, increase the fire risks in such part or parts of the Town of Walnut Grove as they may designate fire limits or fire zone. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words "house and building" as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires.

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(b) Town council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits, and the manner in which material may be used in erecting or repairing or remodeling such house or building.

(c) Town council shall have supervision and control of all ware houses, buildings and places where materials or property of an in flammable nature are stored, and may by ordinance provide suitable restrictions, rules and regulations for the operation, storage and con duct around and near such places.

(d) That said town shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said town limits whenever in their discretion it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other thing or matter that in council's opinion will endanger the town of any property therein as to fire.

(e) That town council may summarily declare any building structure or house dangerous when the same appears to town council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health of said town or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease or sickness. This may be so declared by town council instanter and they may summarily condemn it to be torn down or destroyed with or without the contents therein, so as to prevent the introduction of spread of infectious disease. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this section the Town of Walnut Grove in its corporate capacity shall be liable to the owner thereof only for the actual cash value therefor and shall not be liable for any prospective damages in connection therewith.

Section 56. Be it further enacted by the authority aforesaid that the town council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general hospital in said town, and to levy a tax, to collect a tax and to appropriate funds from either general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital.

Section 57. (a) Be it further enacted, that the mayor and councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the town for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the town may be used free for such purposes; and also to make appropriations and payments from the general funds of the town for the purpose of advertising said town and its advantages and resources so as to bring new capital and com-

THURSDAY, FEBRUARY 13, 1969

497

mercial and manufacturing and other enterprises into the town, and also for making contributions to any board of trade or chamber of commerce, or like body in said town, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the town for the support of public hospitals, libraries, charities and other eleemosynary institutions in the town. The said town is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Walnut Grove, however, this exemption cannot exceed five years.

(b) The said town is authorized to receive any funds, property or other thing which may be offered as a donation or gift to the town or for public use and enjoyment.

Section 58. Be it further enacted by the authority aforesaid that the town council is granted power and authority to enact such or dinances, resolutions, rules and regulations it deems necessary regard ing the establishment of subdivisions of land within the town limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in Walnut Grove to file a plat or map of same with the clerk of the town council and all streets, sidewalks, lanes and alleys shown on said plat or map are declared to be and are dedicated to public use and become the property of the Town of Walnut Grove.

Section 59. Be it further enacted that the town council of the Town of Walnut Grove shall have power to authorize the marshal or any policeman of said town to summon, orally or otherwise, any by stander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinance of said town or law of this State, and to provide for any person or persons failing or refusing to obey said summons. Such person or persons assisting the marshal or policeman are hereby granted the immunities and privileges of a regular policeman of said town.

Section 60. Be it further enacted that the town council shall have power and authority to require any person, firm or corporation to obtain from said town written permit to build, erect, repair or remodel in said town any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The town council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The town council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations re garding building permits.

Section 61. Be it enacted by the authority aforesaid that the town council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said town and upon the streets, railroads, alleys, or other places in said town.

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Section 62. Be it enacted by the authority aforesaid that the mayor and council members shall have power and authority to grant franchises, easements, and rights of way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks and other property of the said town. The town council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances.

Section 63. Be it enacted by the authority aforesaid that all sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The Town of Walnut Grove may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. The town may also sell and convey title to any property owned by it, upon ordinance or resolution passed by town council.

Section 64. Be it further enacted, that said town council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said town; also levy a tax on each dog in said town running at large not to exceed two dollars a year, and to make and enforce all ordinances which they deem necessary and proper for the regulation and control of all such animals in said town, and to enforce the provisions of this section, including the ad-> vertising and sale of such animals which may be impounded, to assess fees and costs therefor and provide for the collection and payment thereof.

Section 65. Be it further enacted, that all unliquidated claims against said Town of Walnut Grove shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors or other persons laboring under disabilities, who are allowed twelve months after the removal of such disability.

Section 66. Be it further enacted that the town council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the Town of Walnut Grove to provide for and to punish any person or persons found guilty of loitering or vagrancy.

Section 67. Be it further enacted that the Town of Walnut Grove shall have the power and authority to own, acquire, control, and maintain property in or near said town for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and prescribe such rules and regulations as the town council may deem necessary to properly regulate, protect and control the said property and the use thereof.

Section 68. Be it further enacted that the town council shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said town, providing however this

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499

section shall not apply to any citizen when defending or protecting his person or property.

Section 69. Be it further enacted that the town council may declare what shall be a nuisance in said town, and provide for the abeyance of the same. The town council shall the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other ob struction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said town; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at any expense or cost to the Town of Walnut Grove and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made for such payment, then the clerk of the Town of Walnut Grove shall issue execution in the name of said town for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the Superior Courts of this State.

Section 70. Be it further enacted that the town council shall have full power and authority to establish a free-bill for the officers of said town, such fees when collected, to be paid into the town treasury and that until, and unless changed by ordinance the same fees shall be charged and collected by the said town officers insofar as applicable, as is now provided for sheriffs and clerks of the superior courts of this State. The clerk is authorized to issue execution for the nonpay ment of past due or delinquent unpaid fees.

Section 71. The town council is authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utility service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said town. The town council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistri bution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the town council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such rights of way and easement as may be necessary for the purpose as provided in this section.

Section 72. Be it further enacted that the town council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to laws of this State; to prohibit all games and amusements within the town limits not consistent with the proper observance of the Sabbath Day.

Section 73. Be it further enacted by the authority aforesaid that town council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the town limits or within a one mile limit without the town

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limits where the sale, storage or possession of malt or alcoholic bever ages or drinks have a tendency to adversely affect the moral, physical or health conditions of said town or the inhabitants thereof.

Section 74. (a) Be it further enacted by the authority aforesaid that the recorder of said town shall have the power and authority to hold a court to be known as "Recorder's Court" at such time and place in said town as the town council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said town.

(b) The recorder is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said town and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed three hundred ($300.00) dollars, or by confinement in the town jail or stockade or elsewhere in a place of confinement as may be designated by the recorder or town council, not to exceed ninety (90) days, or by labor on the streets or public works of said town under the control, supervision and discretion of the proper officers not to exceed ninety (90) days. The recorder may sentence the defendant to either one or more of said penalties or any part thereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant.

(c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said recorder's court the same may be enforced and collection by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes.

(d) The town council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in recorder's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the town council, the charges for costs shall be the same as are now or may be lawfully charged in superior courts of this State.

(e) The recorder of said town shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or town, committed within the town limits of said town. Said warrant may be served by the marshal or police of said town or by any arrest ing officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said town. Offenders so arrested may be carried before the recorder, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, by laws, ordinance or law of said town has been violated, then the recorder may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the recorder may, if such offense is bailable, admit the accused to bail, the arresting officer may approve

THURSDAY, FEBRUARY 13, 1969

501

the bond. Should the accused be bound over to the State courts, then all papers should be delivered to the clerk of the court to which the accused was bound over.

(f) That the mayor may serve as the recorder when the recorder is absent, disqualified, or unavailable to serve, and should both the recorder and mayor be absent, disqualified or unavailable to serve, the council member of said town may serve as presiding officer at recorder's court.

Section 75. Be it further enacted by the authority aforesaid that the sections and provisions of this charter and Act are severable and were so enacted by the Georgia General Assembly and should any section, or any part thereof be held contrary to the Constitution or laws of the State of Georgia or of the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect.

Section 76. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict with this Act be and the same are repealed.

Section 77. An Act incorporating the Town of Walnut Grove, approved August 23, 1905 (Ga. Laws 1905, p. 1209), is hereby repealed in its entirety.

STATE OF GEORGIA COUNTY OF WALTON

Before me, the undersigned, a notary public, this day personally came SANDERS CAMP, who, being first duly sworn, according to law, says that he is the Editor and Publisher of the Walton Tribune, official newspaper published in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 4th, llth, and 18th days of December, 1968, as provided by law.

/s/ Sanders Camp

Subscribed and sworn to before me, this 21st day of January, 1969,

/s/ Hazel M. Prather Notary Public, State of Georgia (Seal). My Commission Expires January 3, 1971.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION.

Georgia, Walton County.

Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to create a new

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JOURNAL OF THE HOUSE,

charter for the Town of Walnut Grove, and for other purposes, being an Act to amend and replace an Act of the General Assembly of Georgia, approved August 23, 1905 (Ga. L. 1905, p. 1209) entitled "Walnut Grove, Town of, Incorporated."

The 2nd day of December, 1968.

/s/ Marvin W. Sorrells Representative-Elect from Walton County 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 were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, by substitute, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reim bursement of the sheriff for expenses incurred while on official busi ness outside 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.

THURSDAY, FEBRUARY 13, 1969

503

On the passage of the Bill, by substitute, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to create a new charter for the City of Rossville in the County of Walker; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 249, Section 5-14 of Article V by deleting Sub-paragraph (a) and substituting in lieu thereof the following:
(a) Scope of authority. The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and right-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations and for such compensation as the mayor and council may fix and prescribe. Provided, however, that the same shall not be granted for a period longer than twenty (20) 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 ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 253. By Mr. Shanahan of the 8th: A Bill to be entitled an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said 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.

504

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson, and Kreeger of the 117th:
A Bill to be entitled an Act to change the boundaries of the seven Education Districts of the Cobb County School District; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 273. By Messrs. Roach, Poole and Harris of the 10th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system, so as to change provisions relating to compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

THURSDAY, FEBRUARY 13, 1969

505

The Bill, having received the requisite constitutional majority, was passed.

HB 276. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 284. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and ordinary of Camden County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary; and for other purposes.

The report of the Committee, which favorable to the passage of the Bill, wass 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 285. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park Sub division, Unit Two, City of Saint Marys; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

506

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 287. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Camden County into the office of tax commissioner of Camden 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 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribution system and all necessary appurtenances connected therewith outside the city limits of the City of Albany; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed.

On the passage of the Bill, they ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 13, 1969

507

On the passage of the Bill the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 293. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park (now City of Forest Park), 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 297. By Messrs. Rush and Salem of the 51st: A Bill to be entitled an Act to amend an Act providing that the Ordi nary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the com pensation of the Ordinary and of his secretarial assistant; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 298. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill was agreed to.

508

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.

HB 299. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Tattnall County, so as to change the compensation of the chairman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 300. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and of his 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.

HB 301. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 13, 1969

509

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 302. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues for the County of Catoosa (now the Commissioner of Catoosa County), so as to change the compensation of said commissioner and the clerical assistant thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 305. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the sten ographer of the City Court of Waynesboro; and for other purposes.

The report 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 306. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other compensation he is entitld to receive by law; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

510

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.

HB 307. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensation of the Ordinary of Burke County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 309. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or clerical assistants; and for other purposes.

The report 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 310. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.

THURSDAY, FEBRUARY 13, 1969

511

The report 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 311. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the sheriff and deputy sheriff of Randolph 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 312. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend the Charter of the City of Montezuma, so as to change the date for the holding 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 313. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Clerk of the Suprior Court and City Court Clerk in the County of Sumter and providing a salary system in lieu thereof, so

512

JOURNAL OF THE HOUSE,

as to change the compensation of said clerk and one of his clerks; and for other purposes.

The report 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 314. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Schley County, so as to change the compensation of said sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 315. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the city court of Oglethorpe; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 316. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to be entitled an Act to amend an Act establishing a city court

THURSDAY, FEBRUARY 13, 1969

513

of Oglethorpe in the County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 322. By Messrs. Lane of the 101st, Cook, Hawes, Horton and Gates of the 95th, Longino of the 98th: A Bill to be entitled an Act to amend an Act incorporating the City of Hapeville, so as to change the provisions relating to the veto power of the mayor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 323. By Messrs. Lane of the 101st, Horton, Hawes, Cook and Gates of the 95th, Longino of the 98th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to remove the provisions prohibiting the sale of spiritous and intoxicating liquors; and for other purposes.
The report 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.

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HB 325. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.

The report 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 326. By Messrs. Moore and Gunter of the 6th:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an additional meeting date each month; to change the compensation of said commis sioners; and for other purposes.

The report 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 338. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.

The report 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.

THURSDAY, FEBRUARY 13, 1969

515

The Bill, having received the requisite constitutional majority, was passed.

HB 339. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 340. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically described property in order to extend Railroad Street; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 341. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Statham, so as to provide that the corporate powers of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 342. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the name of said court to the Civil and Criminal Court of Walker 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 193. By Mr. Lowrey of the 9th: A Bill to be entitled an Act providing for supplementing the judge of the superior court of the Rome Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Mr. Harris of the 77th arose to a point of personal privilege and addressed the House.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

THURSDAY, FEBRUARY 13, 1969

517

HB 23. By Mr. Parker of the 46th:
A Bill to be entitled an Act to require the owners of real property or persons having immediate supervision over real property in this State on which is located any free flowing artesian well to have such well tapped or otherwise stop the flow of any such well, except when in use, when certain conditions exist; to provide for penalties; and for other purposes.

The following amendments were read and adopted:
Mr. Parker of the 44th moves to amend HB 23 as follows:
By inserting in the title immediately before the phrase, "to repeal conflicting laws;" the following: "to provide that the provisions of this Act shall not apply to certain artesian wells:".
By renumbering Section 4 as Section 5 and by adding a new Section to be designated as Section 4 to read as follows:
"Section 4. The provisions of this Act shall not apply to any free flowing artesian well which is in constant use for the purpose of watering and cooling livestock, or any public swimming pool.

Mr. McCracken of the 36th moves to amend HB 23 as follows:
By striking sub-paragraph (b) of Section 1 and inserting the follow ing to be designated as sub-paragraph (b) of Section 1:
When any such artesian well is located within a one-half mile radius of any other free flowing well.

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 Atherton Ballard Barber Battle Bell

Berry Black Blalock Bond Brooks Brown, B. D. Brown, C.

Buck Burruss Caldwell Cato Collins, M. Collins, S. Connell

518
Conner Cook Cooper Dailey Daugherty Davis, E. T. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Ellis Ezzard Farmer Farrar Felton Funk Gaynor Geisinger Gignilliat Grahl Graves Hamilton Hawes Henderson Hill, B. L, Hill, G.

JOURNAL OF THE HOUSE,

Holder Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Knapp Knowles Lane, Dick Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax

Murphy Northeutt Pafford Paris Parker, C. A. Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Rainey Roach Rowland Scarborough Sherman Sims Smith, J. R. Sorrells Sweat Thomason Toles Vaughn Westlake Whaley Wheeler, J. A. Williams Wilson Wood

Those voting in the negative were Messrs.:

Anderson Barfield Bennett Bohannon Brantley, H. H. Bray Gates Clarke Cole Collier Conger Crowe Dean, N. Dickinson Evans

Floyd Gary Harris, J. F. Harris, R. W. Harrison Howell Johnson Jones, M. Keen Kreeger Lee, W. J. (Bill) Lee, W. S. Longino Maxwell Miller

Nessmith Nunn Odorn Patterson Peters Pinkston Ross Rush Scarlett Shanahan Snow Wheeler, Bobby Winkles

Those not voting were Messrs.:

Bostick Bo wen Brantley, H. L.

Busbee Carnes Chandler

Colwell Davis, W. Dean, J. E.

THURSDAY, FEBRUARY 13, 1969

519

Egan Pallin Floyd Gunter Hadaway Hale Hargrett Harrington Harris, J. R. Higginbotham Hood Horton

Keyton Lambert Lane, W. J. Leonard Lewis McDaniell Nash Parker, H. W. Peterson Potts Reaves Russell

Salem Shepherd Simkins Smith, V. T. Thompson, A. W. Thompson, R. Townsend Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 107, nays 43.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Russell of the 70th stated that he had been called from the floor of the House when the roll was called on HB 23, as amended, but had he been present would have voted "aye".

HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th, Carnes of the 104th, Shanahan of the 8th, Westlake of the 75th and Cato of the 68th:
A Bill to be entitled an Act to amend an Act declaring certain days as public and legal holidays, so as to provide that the Tuesday next following the first Monday in November in each even numbered year shall be a public and legal holiday; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that each employee in the State of Georgia shall be permitted by his employer to have any necessary time off to vote in primaries and elections for which such employee is qualified and registered to vote; to provide the procedure connected therewith; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Each employee in the State of Georgia shall, upon reasonable

520

JOURNAL OP THE HOUSE,

notice to his employer, be permitted by his employer to take any necessary time off from his employment to vote in any municipality, county, state or federal political party primary or election for which such employee is qualified and registered to vote, on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed two (2) hours; and provided further that if the hours of work of such employee commences at least two (2) hours after the opening of the polls, or ends at least two (2) hours prior to the closing of the polls, then the time off for voting as provided for in this Act shall not apply. The employer may specify the hours during which said employee may absent himself as herein provided.

SECTION 2

An Act providing that each employee in the State of Georgia shall be permitted time off to vote, approved March 10, 1964 (Ga. Laws 1964, p. 253), is hereby repealed in its entirety.

SECTION 3 All laws and parts of laws in conflict with Act are hereby repealed.

By unanimous consent, the Clerk was directed to correct the following technical error appearing in the Committee substitute to HB 4:

In Section 1, line 3, the word "municipality" should read "muncipal".

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry

Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck

Burruss Caldwell Games Gates Cato Chandler Cole Collier Collins, M. Collins, S. Conger

THURSDAY, FEBRUARY 13, 1969

521

Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Pallin Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton

Housley Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Roach Ross Rowland Rush Russell
Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Town send Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bray Brooks Busbee Clarke Colwell Cook

Dean, J. E. Dickinson Ezzard Floyd, J. H. Grahl Hadaway

Hale Joiner Leonard Lewis Mason Phillips, G. S.

522
Rainey Reaves

JOURNAL OF THE HOUSE,

Simkins

Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 128. By Mr. Lane of the 101st:
A Bill to be entitled an Act to provide certain requirements in con nection with blasting or excavating in the vicinity of underground gas pipes and other facilities; to provide for the purpose of this Act; to provide for a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendments were read and adopted:
Mr. Lane of the 101st moves to amend HB 128 as follows:
By adding in Section 2 (b) after the word "corporation," the words "municipal corporation,".
Mr. Murphy of the 19th moves to amend HB 128 as follows:
By adding a sub-section to be designated as sub-section d of Section 3 to read as follows:
Failure to comply with the terms of this Act shall be negligence per se in any tort action.
Mr. Lane of the 101st moves to amend HB 128 as follows:
By striking paragraph (2) of subsection (c) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) of subsection (c) of Section 5 to read as follows:
"(2) Such tract or parcel of land is located within such limits and such Gas Company has placed stakes on, or otherwise marked, the surface of the land at intervals of not less than fifteen (15) feet to indicate the location of such of its gas pipes and other underground facilities as are located on such tract or parcel of land and within two hundred (200) feet thereof."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

THURSDAY, FEBRUARY 13, 1969

523

On the passage of the Bill, as amended, the roll call was ordered and the the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bos tick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carries Gates Cato Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas

Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner
Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen. Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard

Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman

524
Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason

JOURNAL OF THE HOUSE,

Thompson, A, W. Toles Townsend Vaughn Wamble Westlake Whaley

Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Brown, B. D. Chandler Clarke Dean, J. E. Dorminy Edwards Ezzard Floyd, J. H.

Hadaway Hale Harrington Henderson Johnson Lewis McDaniell Miller

Northcutt Russell Simkins Thompson, R. Ware Wilson Mr. Speaker

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.

HB 172. By Messrs. Barber of the 15th, Russell of the 70th, Smith of the 43rd and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act creating the "Georgia State Scholarship Commission", as amended, so as to increase the amount of the surety bond required of the Executive Director of the Com mission; 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.
Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 14, 1969

525

Representative Hall, Atlanta, Georgia Friday, February 14, 1969

The House met pursuant to adjournment at 10:00 oclock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Reece Turrentine, Pastor, First United Metho dist Church, Fort Valley, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

526

JOURNAL OF THE HOUSE,

HB 427. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomson, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.
Referred to the Committee on Local Affairs.

HB 428. By Messrs. Matthews of the 53rd and Hudson of the 48th:
A Bill to be entitled an Act to be known as the "Dead Animal Disposal Act"; to provide for the disposition of dead animals and parts thereof; and for other purposes.
Referred to the Committee on Agriculture.

HB 429. By Messrs. Hudson of the 48th and Holder of the 49th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to change the membership of the Board of Health; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th, Battle of the 90th, Hill of the 94th and Funk of the 92nd:
A Bill to be entitled an Act to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Commonwealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U. S. Coastal Highway 17, to any person, firm or corporation for such consideration as the governing authority shall deem best; and for other purposes.
Referred to the Committee on Local Affairs.

HB 431. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties to establish sepa rate or joint planning facilities, so as to clarify that municipalities have the authority to zone property within their corporate limits, and

FRIDAY, FEBRUARY 14, 1969

527

counties have the authority to zone property within the unincorporated areas of the county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th, and Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to crease the surety bond required of the Executive Director of the corporation; to autho rize the Board to defer repayment of certain loans; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 434. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having- a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the preceding years' value; and for other purposes.
Referred to the Committee on Local Affairs.

HB 435. By Messrs. Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect within the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.

HB 436. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved Febru ary 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.
Referred to the Committee on Highways.

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JOURNAL OF THE HOUSE,

HB 437. By Messrs. Hale, Snow and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, so as to pro vide for institutional licenses for certain medical employees of Hospital Authorities and institutions operated by such Authorities; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 438. By Mr. Thompson of the 86th:
A Bill to be entitled an Act to create in each county an agricultural zoning board; to provide for the composition thereof; to provide that such boards shall zone all agricultural lands on an annual basis; to provide for the return of agricultural lands, etc.; and for other purposes.
Referred to the Committee on Ways and Means.

HB 439. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 142-439. By Mr. Potts of the 30th: A Resolution compensating Mr. S. P. King; and for other purposes.
Referred to the Committee on Appropriations.

HR 143-439. By Messrs. Atherton, McDaniell, Burruss, Wilson, Kreeger and Henderson of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide for the bonded indebtedness of the City of Marietta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 440. By Messrs. Anderson of the 49th, Johnson of the 29th, Harris of the 10th and Cole of the 3rd:
A Bill to be entitled an Act to amend the Motor Vehicle Sales Finance Act, so as to provide that if any sale of a motor vehicle on credit entered into in this State between a retail seller and a retail buyer

FRIDAY, FEBRUARY 14, 1969

529

requires, etc. the execution of a promissory note, etc., such note shall not be a negotiable instrument within the meaning of the Uniform Commercial Code; and for other purposes.
Referred to the Committee on Judiciary.

HB 441. By Messrs. Anderson of the 49th, Johnson of the 29th, Harris of the 10th and Cole of the 3rd:
A Bill to be entitled an Act to amend the Retail Installment and Home Solicitation Sales Act, so as to provide that if any sale of goods or services on credit entered into in this State between a retail seller and a retail buyer requires the execution of a promissory note, etc., such a note shall not be a negotiable instrument within the meaning of the Uniform Commercial Code; and for other purposes.
Referred to the Committee on Judiciary.

HB 442. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, etc.; and for other purposes.
Referred to the Committee on Local Affairs.
HB 443. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint deputies, clerks, assistants or other personnel; and for other purposes.
Referred to the Committee on Local Affairs.

HB 444. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the board of county commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HE 144-444. By Mr. Vaughn of the 74th:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.
Referred to the Committee on Highways.

HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Pelton, Hawes and Gates of the 95th, Adams of the 100th, Games of the 104th, Bond of the lllth, Alexander of the 108th and others:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; 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 on Industrial Relations:

HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law" (now Employment Security Law), by modify ing the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 391. By Messrs, Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners for the County of Irwin, so as to change the compensa tion of the chairman of said board and the members; and for other purposes.

HB 392. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act creating the State Litera ture Commission, so as to change the definition of obscene literature; and for other purposes.

HB 393. By Mr. Lewis of the 37th: A Bill to be entitled an Act to amend an Act abolishing the fee system

FRIDAY, FEBRUARY 14, 1969

531

of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one additional deputy; and for other purposes.

HB 394. By Mr. Davis of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the tax imposed by this Act on the sale or use of gasoline; and for other purposes.

HB 395. By Messrs. Atherton, Burruss, Wilson, Kreeger, McDaniell and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; and for other purposes.

HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the procedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and munici palities; and for other purposes.

HB 397. By Messrs. Brown of the 110th, Felton, Hawes and Horton of the 95th, Daugherty of the 109th, Mrs. Hamilton of the 112th and others:
A Bill to be entitled an Act to amend an Act to create a system of Traffic Courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000, so as to provide for the acceptance of cash bonds by Constables of said court when authorized to do so by the Presiding Judge of said court; and for other purposes.

HB 398. By Messrs. Potts, Mullinax, Ware and Blalock of the 30th and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 92-1403 of the Georgia Code of 1933, relating to the taxation of motor fuel known as the "Motor Fuel Tax Law", so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; and for other purposes.

532

JOURNAL OF THE HOUSE,

HB 399. By Mr. Conger of the 68th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the rate of the tax imposed under said Act; and for other purposes.

HR 136-399. By Mr. Conger of the 68th:
A Resolution proposing an amendment to the Constitution so as to authorize the allocation of certain percentages of the proceeds derived from the sales and use tax to the various county and independent school systems, municipalities and counties; and for other purposes.

HR 137-399. By Mr. Conger of the 68th:
A Resolution proposing an amendment to the Constitution so as to provide that, effective with the ratification of an amendment to the Constitution authorizing the allocation of certain percentages of the proceeds derived from the sales and use tax to the various county and independent school systems, municipalities and counties, the educational tax levied by county and area school systems shall not exceed 5 mills; and for other purposes.

HR 138-399. By Mr. Conger of the 68th:
A Resolution proposing an amendment to the Constitution so as to increase homestead exemption to $7,000 and to grant an exemption from municipal taxation of $5,000 when an amendment to the Constitu tion is ratified authorizing distribution of certain proceeds of the sales tax to various school systems, municipalities and counties; and for other purposes.

HR 139-399. By Messrs. Chandler of the 34th and Murphy of the 19th:
A Resolution authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes.

HB 400. By Messrs. Brown of the 110th, Dean of the 76th, Alexander of the 108th, Daugherty of the 109th, Bond of the lllth, Shepherd of the 107th and Ezzard of the 102nd:
A Bill to be entitled an Act to provide that all public schools of this State shall provide instruction in the role and contributions of Ameri can Negroes and other ethnic groups in the history of this country and and the State of Georgia; and for other purposes.

HB 401. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide that a stepparent shall be liable for the support and care of his stepchild; and for other purposes.

FRIDAY, FEBRUARY 14, 1969

533

HB 402. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act approved March 14, 1963 (Ga. Laws 1963, pages 81-121), so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical, hospital, psychiatric, surgical, or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.

HB 403. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse the County Com missioners or the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by an employee of the County Department of Family and Children Services who has been assigned full-time by the State Department of Family and Children Services to work in a State institution located in such county; and for other purposes.

HB 404. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative findings; to authorize and direct the Governor to execute a compact on behalf of this State with other states legally joining therein; and for other purposes.

HB 405. By Messrs. Kreeger, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Charter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.

HB 406. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the descrip tion of the State Flag of Georgia; and for other purposes.

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.

534

JOURNAL OP THE HOUSE,

HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Commissioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.

HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A Bill to be entitled an Act to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motorcycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motor cycles; and for other purposes.

HB 410. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to create a new State Department of Public Safety and a State Board of Public Safety; and for other purposes.

HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Harris, Farrar, Thomason and Levitas of the 77th and Dean of the 76th:
A Bill to be entitled an Act to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county treasuries of the various counties composing the Circuit; and for other purposes.

HB 412. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to require glass doors to be constructed of safety glass; and provide that the Georgia Safety Fire Commissioner shall compile and publish a list of types of safety glass made of safety glazing materials approved by him; to provide that it shall be unlawful to install any glass door which is not constructed of safety glass after a certain date; and for other purposes.

HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th:
A Bill to be entitled an Act relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.

HB 414. By Messrs. Odom and Lee of the 61st: A Bill to be entitled an Act to amend an Act creating Department of

FRIDAY, FEBRUARY 14, 1969

535

Public Safety, so as to transfer the Georgia Bureau of Investigation to the Department of Law; and for other purposes.

HB 415. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to amend an Act to provide the information concerning the commission of certain crimes shall be submitted to the Bureau of Investigation by law enforcement agencies; and for other purposes.

HB 416. By Messrs. Odom and Lee of the 61st:
A Bill to be entitled an Act to authorize the Attorney General to employ such personnel as he deems necessary as agents of the Georgia Bureau of Investigation; and for other purposes.

HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to change the qualifications for ordinaries in certain counties of this State; and for other purposes.

HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer and Matthews of the 16th, Brooks of the 17th, Dorminy of the 48th, Grahl of the 40th and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.

HB 419. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judges of certain Superior Courts; and for other purposes.

HB 420. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.

HB 421. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax

536

JOURNAL OF THE HOUSE,

commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said officers; and for other purposes.

HB 422. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.

HB 423. By Messrs. Matthews, Bostick and Fallin of the 63rd: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and for other purposes.
HB 424. By Mr. Poole of the 10th: A Bill to be entitled an Act to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing authority of said county; and for other purposes.

HB 425. By Mr. Poole of the 10th:
A Bill to be entitled an Act to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.
HB 426. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board and Treasurer of the State Highway Board, so as to provide that manner in which 10% of the highway funds shall be expended; and for other purposes.

SB 73. By Senator Smalley of the 28th: A Bill to be entitled an Act to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; and for other purposes.
SB 83. By Senator Chapman of the 32nd: A Bill to be entitled an Act to amend the Statewide Probation Act, so

FRIDAY, FEBRUARY 14, 1969

537

as to change the designation of the circuit probation officers to circuit probation supervisors, and the designation of field supervisors to area supervisors; and for other purposes.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 250. Do Pass.
HB 202. Do Pass, as amended.
HB 203. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene and Sanitation submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 255. Do Pass by substitute.
Respectfully submitted, Smith of the 3rd, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:

538 Mr. Speaker:

JOURNAL OF THE HOUSE,

Your Committee on Judiciary has under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 260. Do Pass.
HB 217. Do Pass.
HB 216. Do Pass.
Respectfully submitted, Harris of the 77th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 73. Do Pass. HB 259. Do Pass as Amended. HB 261. Do Pass. HB 265. Do Pass. HB 294. Do Pass. HB 328. Do Pass. HB 355. Do Pass. HB 363. Do Pass. HB 364. Do Pass. HB 365. Do Pass.

FRIDAY, FEBRUARY 14, 1969

539

HB 367. Do Pass.

HB 368. Do Pass.

HB 369. Do Pass.

HB 370. Do Pass.

HB 371. Do Pass.

HB 380. Do Pass.

HB 382. Do Pass.

HB 384. Do Pass.

HB 386. Do Pass.

HB 390. Do Pass.

HB 391. Do Pass.

HB 393. Do Pass.

HB 395. Do Pass.

HB 405. Do Pass.

HB 408. Do Pass.

HB 411. Do Pass as Amended.

HB 417. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow-

540

JOURNAL OF THE HOUSE,

ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 286. Do Pass.

HB 378. Do Pass.

HB 303. Do Pass.

SB 12. Do Pass by Substitute.

Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Chandler of the 34th, 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 recommenda tions :
HR 74-184. Do Pass.
HB 317. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 73. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Circuit. . .", so as to change the terms of the Gordon County Superior Court; and for other purposes.

FRIDAY, FEBRUARY 14, 1969

541

The report 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 259. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to amend, consolidate and supersede the several acts of the General Assembly pertaining to the Town of Milner in the County of Lamar; to provide a new Charter therefor and to change the name of the Town of Milner to the City of Milner; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 259 as follows:
Section 4-14 of Article IV by deleting Sub-paragraph (a) and substituting in lieu the following:
(a) Scope of authority. The mayor and council of the City shall have the power and authority to grant franchises, permits, easements, and right-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks and other property of said city, upon such terms, conditions, reservations, restrictions and limitations and for such compensation as the mayor and council may fix and prescribe. Pro vided, however, that the same shall not be granted for a period longer than forty (40) 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 ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 261. By Messrs. Smith and Caldwell of the 39th: A Bill to be entitled an Act to amend an Act so as to provided for an

542

JOURNAL OF THE HOUSE,

increase in the salary of the Chief Deputy Sheriff of Laniar 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 265. By Messrs. Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, as amended, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 294. By Messrs. Smith and Caldwell of the 39th:
A Bill to be entitled an Act to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.

The report 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.

FRIDAY, FEBRUARY 14, 1969

543

HB 328. By Mr. Joiner of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, as amended, so as to abolish the office of City Treasurer; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 355. By Messrs. Longino of the 98th, Felton, Hawes and Horton of the 95th:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a Charter to that municipality under the name and style; to provide for a repeal of all laws that are in conflict with the Charter and the several Acts amendatory to the Charter; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nayes 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 363. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, as amended, so as to change the corporate limits; 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.

544

JOURNAL OF THE HOUSE,

HB 364. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 365. By Messrs. Roach, Harris and Poole of the 10th: A Bill to be entitled an Act to provide that the successors to the mem bers of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 367. By Messrs. Williams, Cooper and Wood of the llth: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Forsyth County; so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 14, 1969

545

HB 368. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Forsyth County, so as to change the provisions relating to the com pensation of the said county officials; and for other purposes.
The report 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 369. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 370. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Mount Vernon, so as to change the term of office of the mayor and councilmen; to provide that no councilman shall be eligible to run for mayor unless he resigns as councilman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

546

JOURNAL OF THE HOUSE,

HB 371. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Metter, so as to change the corporate limits of said cityv:; and for other npurnpoossReSs,.

The report 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 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A Bill to be entitled an Act to authorize the Judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix the compensa tion of a secretary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 382. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Daugherty of the 109th 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 specify the general election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969; to create the Atlanta Municipal Election Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 14, 1969

547

HB 386. By Messrs. Adams of the 100th, Brown of the 110th, Shepherd of the 107th, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of the Solicitor-General of said Circuit, so as to change the number of trial assistant district attorneys that may be appointed; and for other purposes.

The report 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 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500.00; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

548

JOURNAL OP THE HOUSE,

SB 9. By Senator Smalley of the 28th:
A Bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, as amended, so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; and for other purposes.

HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th and others:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitu tion of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retirement System; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 15. By Senators Webb of the llth and Bateman of the 27th:
A Resolution creating the "Central Printing Agency Study Committee"; and for other purposes.

SR 47. By Senators Eldridge of the 7th and Dean of the 6th:
A Resolution relative to the presentation of a trophy; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:

HR 140. By Messrs. Smith of the 43rd and Busbee of the 61st: A Resolution relative to adjournment; 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:

SB 9. 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, so as to change the time by which certain superior court judges must exercise their option to have

FRIDAY, FEBRUARY 14, 1969

549

their widows receive certain benefits in the event of their death; and for other purposes.
Referred to the Committee on Special Judiciary.

SR 15. By Senators Webb of the llth and Bateman of the 27th:
A Resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
Referred to the Committee on Industry.

The following Resolutions of the House and Senate were read and adopted:

HR 145. By Messrs. Farmer and Matthews of the 16th:
A RESOLUTION
Commending Miss Stephanie Skinner; and for other purposes.
WHEREAS, Miss Stephanie Skinner has won the coveted title of "Queen of DeMolay"; and
WHEREAS, the Order of DeMolay has as its basic purpose the creation of standards of character and ideals of citizenship; and
WHEREAS, it is the desire of the members of this body to recog nize this beautiful and talented young lady for winning the honor of representing the Order of DeMolay.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Stephanie Skinner upon being selected "Queen of De Molay".
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Miss Stephanie Skinner.

HR 146. By Messrs. McDaniell, Wilson, Housley and Kreeger of the 117th, Smith of the 43rd and Dean of the 19th:
A RESOLUTION
Expressing appreciation to Lockheed Georgia Corporation for their courtesy in having the General Assembly as their guests; and for other purposes.

550

JOURNAL OF THE HOUSE,

WHEREAS, on February 13th, the members of the Georgia General Assembly were the guests of Georgia's largest employer, Lock heed Georgia Corporation; and

WHEREAS, a most informative program was provided by our most gratuitous hosts in touring their facilities located in Cobb County; and

WHEREAS, it was of particular interest to the members of the General Assembly to inspect the largest aircraft in the world, the C-5A; and

WHEREAS, it was the consensus of all members that a most in formative and entertaining afternoon occurred while visiting with the officials and employees of Lockheed Georgia Corporation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to Lockheed Georgia Corporation its sincerest appreciation for a most informative and entertaining afternoon spent inspecting the facilities of Lockheed Georgia Corporation, and, in particular, the C-5A.

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 Tom May, President of Lockheed Georgia Corporation.

HR 147. By Messrs. Jordan of the 65th, Matthews of the 63rd, Westlake of the 75th, Crowe, Snow and Hale of the 1st, and many others:
A RESOLUTION
Commending Joey Vickers; and for other purposes.
WHEREAS, Joey Vickers, the son of Mr. and Mrs. Joe E. Vickers of Ambrose, was named the "Top 4-H Poultry Judge in the Nation" in Chicago, Illinois, in December, 1968; and
WHEREAS, Joey scored 1301 out of a possible 1400 in winning the distinction of being named the best 4-H Poultry Judge in the Nation; and
WHEREAS, his dedication and leadership in 4-H activities is an inspiration to all young men and women in Georgia and the nation; and
WHEREAS, it is the desire of the members of this body to recog nize this outstanding young man for this remarkable achievement.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com-

FRIDAY, FEBRUARY 14, 1969

551

mend and congratulate Joey Vickers upon being named the "Top 4-H Poultry Judge in the Nation."

BE IT FURTHER RESOLVED that the Clerk of the House ishereby authorized and directed to forward an appropriate copy of thisresolution to Joey Vickers and to his parents, Mr. and Mrs. Joe E. Vickers of Ambrose, Georgia.

HR 148. By Messrs. Ezzard of the 102nd, Shepherd of the 107th, Alexander of the 108th, Hill of the 94th and Brown of the 110th:
A RESOLUTION
Relative to National Negro History Week; and for other purposes.
WHEREAS, the week of February 9-15 has been designated as National Negro History Week; and
WHEREAS, the citizens of the United States have been called upon to focus their attention upon the many accomplishments and contributions which the members of the Negro race have made to this country; and
WHERE AS, during this week it is only befitting and proper that the citizens of this State reflect upon the contributions which have been made to our State by the many fine, outstanding Negro citizens; and
WHEREAS, it is desirable that the achievements of the Negro be recognized and lauded; and
WHEREAS, it is the hope that the Negro citizens of this State will continue to enhance the progress and great strides which this State is making in its industrial and educational development.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does call upon all of the citizens of the State of Georgia to reflect upon the outstanding achievements and many contributions which have been made to our State's and na tion's progress by the Negro citizens of this State and nation.

HR 149. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Commending the Honorable James Grady McCalmon for his out standing leadership and for making the City of Griffin Recreation Department one of the finest in the State of Georgia; and for other purposes.

552

JOURNAL OF THE HOUSE,

WHEREAS, the Honorable James Grady McCalmon has been the
Director of the City of Griffin Recreation Department for four years; and

WHEREAS, in this short span of time he has raised the status of the Department to such heights that it is now one of the finest such departments in the State of Georgia; and
WHEREAS, Mr. McCalmon's leadership was recognized in 1968, when the Georgia Recreation and Park Society awarded the City of Griffin's Recreation Department the "Outstanding Service Award"; and
WHEREAS, due principally to the efforts of Mr. McCalmon, the Department has experienced a tremendous increase in its activities and facilities, and particularly, the children of the City of Griffin have used and enjoyed the Department's facilities, and they have profited from the environment afforded them.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable James Grady McCalmon for his outstanding leadership and for making the City of Griffin Recreation Department one of the finest in the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable James Grady McCalmon, Griffin, Georgia.

HR 150. By Messrs. Edwards and Black of the 45th, Thompson of the 86th, Thompson and Berry of the 85th and others:
A RESOLUTION
Expressing appreciation to The Columbus Ledger and Enquirer; and for other purposes.
WHEREAS, The Columbus Ledger and Enquirer have most graciously provided to the members of the General Assembly, without charge, copies of their most informative and excellent newspapers; and
WHEREAS, this service is most appreciated by the members of the General Assembly, enabling them to keep abreast of the thoughts and opinions of their constituents; and
WHEREAS, Beryle Sellers, the excellent reporter of said news papers covering the State Capitol and the present session of the General Assembly, has done a most excellent job thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its sincerest

FRIDAY, FEBRUARY 14, 1969

553

appreciation to The Columbus Ledger and Enquirer for providing the members of the General Assembly with a complimentary copy of their excellent newspapers.

BE IT FURTHER RESOLVED that special commendation is con ferred upon Beryle Sellers for the excellent job of journalism which he is accomplishing during this present session of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit ap propriate copies of this Resolution to the editors of The Columbus Ledger and Enquirer, and to Beryle Sellers.

HR 151. By Messrs. Brown of the 110th and Dean of the 76th:
A RESOLUTION
Commending the C. R. Milton Post No. 574 of the American Legion; and for other purposes.
WHEREAS, on March 15, 1969, at 9:00 p.m., EST, the American Legion plans for President Richard Nixon to push a button officially lighting the Tomb of the Unknowns at Arlington National Cemetery; and
WHEREAS, at the same time it is planned that Governor Lester Maddox will be lighting a "Flame of Freedom" on the steps of the Capitol, the said "Flame of Freedom" to be presented to the State by members of the C. R. Milton Post No. 574, of the American Legion; and
WHEREAS, the members of this Body are pleased with and proud of the American Legion Post that is contributing toward this magnifi cent gesture of honor and homage to our heroic dead.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby thanks and commends the members of the C. R. Milton Post No. 574 of the American Legion for their magnificent gesture.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the C. R. Milton Post No. 574 of the American Legion, Mr. Jimmy Dessasau, Commander.

HR 152. By Messrs. DeLong and Sherman of the 80th, Connell and Dent of the 79th, Maxwell, Simkins and Miles of the 78th:

554

JOURNAL OF THE HOUSE,

A RESOLUTION

Expressing deepest sorrow and regrets at the passing of Mrs. Johanna Elizabeth Cheeks; and for other purposes.

WHEREAS, one of the most charming ladies of the South, Mrs. Johanna Elizabeth Cheeks, passed away Wednesday, February 5, 1969; and

WHEREAS, Mrs. Cheeks was the mother of Don Cheeks, a most respected and able member of this Body during the 1967-1968 Term; and

WHEREAS, Mrs. Cheeks was a long-time and well-admired resident of Augusta, and her passing is a great loss to the residents of Augusta and to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses sincerest regrets at the passing of Mrs. Johanna Elizabeth Cheeks, and extends its 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 Resolution to the Honorable Don Cheeks.

HR 153. By Messrs. Edwards of the 45th, Scarborough, Pinkston, Evans, Keen and Knapp of the 81st and Miller of the 83rd:
A RESOLUTION
Expressing appreciation to the Macon Telegraph and News; and for other purposes.
WHEREAS, the Macon Telegraph and News have most graciously provided to the members of the General Assembly, without charge, copies of their most informative and excellent newspaper; and
WHEREAS, this service is most appreciated by the members of the General Assembly, enabling them to keep abreast of the thoughts and opinions of their constituents; and
WHEREAS, Selby McCash, the excellent reporter of said news papers covering the State Capitol and the present session of the General Assembly, has done a most excellent job thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its sineerest appreciation to the Macon Telegraph and News for providing the mem bers of the General Assembly with a complimentary copy of their excel lent newspapers.

FRIDAY, FEBRUARY 14, 1969

555

BE IT FURTHER RESOLVED that a special commendation is conferred upon Selby McCash for the excellent job of journalism which he is accomplishing during this present session of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit appro priate copies of this Resolution to the editors of the Macon Telegraph and News, and to Selby McCash.

HR 154. By Messrs. Sweat and Dixon of the 65th, Wheeler of the 57th, Harrison of the 66th and Jordan of the 55th:
A RESOLUTION
Wishing Honorable Ben A. Hodges a speedy recovery; and for other purposes.
WHEREAS, Honorable Ben A. Hodges, a former member of the General Assembly and presently Judge of the Superior Court of the Waycross Judicial Circuit, is suffering1 from an illness and is con valescing at his home at 1207 Jasmine Circle in Waycross, Georgia; and
WHEREAS, he was a most highly respected member of the General Assembly and rendered outstanding service to his community and State while serving in this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby expresses its sincerest wishes to Honorable Ben A. Hodges for a speedy recovery and hopes that he will soon be able to return to his position as Judge of the Superior Court of the Waycross Judicial Circuit.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable Ben A. Hodges.

HR 155. By Messrs. Mason and Nash of the 13th, Sorrells of the 24th and Smith of the 39th:
A RESOLUTION
Expressing regret at the passing of Honorable Hoke O'Kelley; and for other purposes.
WHEREAS, Honorable Hoke O'Kelley, one of Georgia's most out standing citizens, recently passed away; and

556

JOURNAL OF THE HOUSE,

WHEREAS, he was born in Loganville, Georgia, and during his many years of dedication to the public interest, he served that City as its Mayor; and

WHEREAS, his home was in Lawrenceville, Georgia, many years prior to his passing, and he was one of that community's most respected and honored citizens; and

WHEREAS, he was a candidate for Governor of Georgia in several campaigns for that office, and while he did not succeed in his bid for the governorship, his profound knowledge of events and issues and his enlightened approach to solving the problems facing our State were of
great benefit to our citizens; and

WHEREAS, he was a man of great intelligence and integrity who will be sorely missed by all people throughout the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable Hoke O'Kelley and extend their 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 his widow, Mrs. Jewel Cheek O'Kelley.

HR 156. By Mr. Edwards of the 45th:
A RESOLUTION
Commending the management and employees of the Taylor Mill of Bibb Manufacturing Company; and for other purposes.
WHEREAS, the Taylor Mill of the Bibb Manufacturing Company in Taylor County, Georgia, is one of the winners of the 1967 Annual Textile Safety Contest conducted by the Georgia Textile Manufacturers Association, Inc.; and
WHEREAS, the mill went through the entire year without a single lost time accident or disabling injury in spite of the fact that its em ployees worked a total of 148,301 man-hours during the twelve-month period; and
WHEREAS, a bronze plaque was presented to representatives of the mill at the Georgia Textile Manufacturers Association's annual safety conference which was held in Atlanta on March 30, 1968.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the man agement and employees of the Taylor Mill of Bibb Manufacturing Company for the outstanding safety record which they achieved.

FRIDAY, FEBRUARY 14, 1969

557

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Taylor Mill of Bibb Manufacturing Company, Reynolds, Georgia.

HR 157. By Messrs. Farmer and Matthews of the 16th:
A RESOLUTION
Commending Mrs. Alberta Lane and Mrs. Patricia Harden; the "Nurses of the Day"; and for other purposes.
WHEREAS, Mrs. Alberta Lane and Mrs. Patricia Harden have volunteered to serve as the "Nurses of the Day" for the Georgia General Assembly; and
WHEREAS, Mrs. Lane and Mrs. Harden represent the Eleventh District of the Georgia State Nurses Association, and are employed by the Athens General Hospital; and
WHEREAS, the services of these most charming and efficient nurses have been greatly appreciated by the members of the General Assembly; and
WHEREAS, these young ladies have certainly demonstrated that they are a credit to their profession and employer, the Athens General Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest appreciation to Mrs. Alberta Lane and Mrs. Patricia Harden for their services as the "Nurses of the Day" for the General Assembly.
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 both Mrs. Alberta Lane and Mrs. Patricia Harden, and the Athens General Hospital.

HR 158. By Messrs. Westlake of the 75th, Geisinger and Collins of the 72nd, Sims of the 106th, Davis of the 86th, Ross of the 26th and many others :
A RESOLUTION
Commending the Order of DeMolay on its 50th Anniversary; and for other purposes.

558

JOURNAL OF THE HOUSE,

WHEREAS, the Order of DeMolay has as its basic purpose the creation of standards for the building and development of character and citizenship; and

WHEREAS, it is the aim of the Order of DeMolay, through the Associated DeMolay Chapters of Georgia, the Georgia Court of Cheva liers, and the sponsoring Masonic Lodges to bring a program of char acter development to the largest possible number of young men, thus better enabling them to assume their position as responsible citizens in their respective communities; and

WHEREAS, the organization has carried out the aforementioned goals for 50 years through programs of athletic competition, social activities, civic service and charitable projects; and

WHEREAS, DeMolays throughout the free world will observe the year 1969 as the 50th Anniversary Commemoration of DeMolay, so as to exemplify to all citizens here and elsewhere their many activities, and to show recognition to their senior members.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body extends its congratulations, and calls upon all our citizens to join in saluting the young men of the Order of DeMolay and their Masonic sponsors, and in expressing its grateful appreciation of the fine examples set by these young leaders in contributing to the welfare and character of other young men throughout Georgia, thus aiding in the development of leadership for tomorrow.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives transmit a copy of this Resolution to the Honorable Jimmy H. Conner, 740 National Bank of Georgia Building, Atlanta, Georgia.

HR 159. By Mr. Rush of the 51st:
A RESOLUTION
Commending certain local law enforcement agencies for assisting in the enforcement of Game and Fish laws and encouraging certain other local law enforcement agencies to provide such assistance; and for other purposes.
WHEREAS, it has come to the attention of the members of the House of Representatives that certain local law enforcement agencies of this State are providing outstanding assistance and cooperation to Game and Fish Rangers and other personnel of the Game and Fish Commission in apprehending violators of game and fish laws; and
WHEREAS, it has also come to the attention of the members of said body that some local law enforcement agencies provide little assist ance or cooperation to said Rangers and other personnel in apprehend ing said violators; and

FRIDAY, FEBRUARY 14, 1969

559

WHEREAS, because there are relatively few Game and Fish Rangers who must cover large areas of the State, it is of the utmost importance that local law enforcement agencies provide all the assist ance possible in apprehending violators of game and fish laws; and

WHEREAS, it has been alleged that some courts in some areas of the State do not fine violators of game and fish laws severely enough to discourage repeated violations by the same offenders; and

WHEREAS, the purpose of a penalty should be to discourage the offender from repeating his violation of the law.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that those local law enforcement agencies which are providing outstanding assistance and cooperation to Game and Fish Rangers in apprehending violators of game and fish laws are hereby commended and encouraged to continue providing such cooperation and assistance.

BE IT FURTHER RESOLVED that those local law enforcement agencies which are not providing adequate assistance and cooperation to Game and Fish Rangers are hereby urged to begin providing such cooperation and assistance immediately.

BE IT FURTHER RESOLVED that those courts of this State, if any, which are not fining or otherwise penalizing violators of game and fish laws severely enough to discourage repeated violations of such laws are hereby requested and urged to reevaluate their policy in connec tion with such fines or other penalties.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to print sufficient copies of this Resolution for distribution to local law enforcement agencies and to the Superior Courts and Constitutional City Courts of this State.

HR 160. By Messrs. Lee, Gary and Northcutt of the 21st:
A RESOLUTION
Commending the Forest Park Senior High School Football Team for winning the North Georgia AAA Championship; and for other purposes.
WHEREAS, the Forest Park "Panthers", the marvelous football team of Forest Park Senior High School, finished its rigorous schedule with twelve wins and one loss; and
WHEREAS, the "Panthers" won their first twelve games, only to lose a close battle to Valdosta in the waning moments of the 1968 Season; and

560

JOURNAL OF THE HOUSE,

WHEREAS, the "Panthers" were selected as the 26th best high school football team in the Nation by the National Coaches Association; and

WHEREAS, the great athletes who made up the "Panther" squad brought honor to the residents of Forest Park by winning the North Georgia AAA Football Championship; and

WHEREAS, in addition to their great athletic abilities, the players showed the people of Georgia that they possessed high moral standards and great intellectual ability; and

WHEREAS, the coach of the "Panthers", Carl Madison, did a magnificent job in training the players to execute intricate plays with precision and grace; and

WHEREAS, Coach Madison was named Prep Coach of the Year for his outstanding efforts; and

WHEREAS, the assistant coaches performed their assignments with skill, dedication and excellence.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Forest Park Senior High School "Panthers" and their coaches for winning the North Georgia AAA Football Championship.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Coach Carl Madison and to Melvin Kirkland, Principal, Forest Park Senior High School.

HR 161. By Messrs. Lee, Gary and Northcutt of the 21st:
A RESOLUTION
Commending the Honorable Carl Madison, Coach of the Forest Park Senior High School football "Panthers" for being named Coach of the Year; and for other purposes.
WHEREAS, the Honorable Carl Madison, Coach of the Forest Park Senior High School football "Panthers" has been recently named as Prep Coach of the Year; and
WHEREAS, this magnificent honor was earned by Coach Madison after only three years of coaching at Forest Park Senior High School; and
WHEREAS, the Forest Park "Panthers" were coached and taught well by Coach Madison, for they won twelve games in a row against

FRIDAY, FEBRUARY 14, 1969

561

stiff competitors, only to lose the thirteenth game against Valdosta in the waning moments of the 1968 season; and

WHEREAS, in addition to teaching his players the intricate facets of football, the Honorable Carl Madison imparted his high moral and ethical standards to the players, who in turn conducted themselves as true gentlemen throughout the football season; and

WHEREAS, Coach Madison deserves the honor he has received for his outstanding contribution, and much more.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Coach Carl Madison for his being named as Prep Coach of the Year.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this resolution to the Honorable Carl Madison.

HR 162. By Messrs. Lee, Gary and Northcutt of the 21st:
A RESOLUTION
Commending the Youth Protection Foundation, Incorporated, of Clayton County, Georgia; and for other purposes.
WHEREAS, the Youth Protection Foundation, Incorporated, of Clatyon County has planned activities designed to encourage parental awareness of the problems of youth; and
WHEREAS, this organization will cooperate with all interested groups to plan similar activities; and
WHEREAS, it is the desire of the members of this body to com mend this organization for the impressive work they are doing on behalf of the young people of Clayton County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Youth Protection Foundation, Incorporated, of Clayton County for their outstanding accomplishments and achievements in the field of youth protection.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to the Youth Protection Foundation, Incorporated, of Clayton County.

562

JOURNAL OF THE HOUSE,

HR 163. By Messrs. Matthews and Fanner of the 16th and Brooks of the 17th:

A RESOLUTION

Commending Honorable Vince Dooley and the entire 1968 Univer sity of Georgia football team; and for other purposes.

WHEREAS, under the astute tutorage of Coach Vince Dooley, the 1968 University of Georgia football team has enjoyed one of its most successful seasons ever experienced by a University of Georgia athletic team; and

WHEREAS, while compiling- a record of eight wins, no defeats and two ties, the University of Georgia football team won the South eastern Conference Championship; and

WHEREAS, the fine athletic talents and abilities demonstrated by the distinguished young men comprising this magnificent athletic team has focused the attention of the nation on the outstanding attributes of the University of Georgia; and

WHEREAS, Coach Dooley has once again proven to be a remark able moulder of young athletes into men of outstanding character and abilities; and

WHEREAS, it is only befitting and proper that this body recognize the accomplishments of Coach Vince Dooley, his fine coaching staff and each and every individual member of the 1968 University of Georgia football team.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby extend to Coach Vince Dooley, his coaching staff, the players and all those connected with the athletic program of the University of Georgia its heartfelt con gratulations for a magnificent season, and upon their being named Champions of the Southeastern Conference in football for 1968.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Coach Vince Dooley.

HR 164. By Messrs. Peters of the 2nd, Snow, Hale and Crowe of the 1st:
A RESOLUTION
Commending the members of the Post Volunteer Fire Department of Fort Oglethorpe, Georgia; and for other purposes.
WHEREAS, the Post Volunteer Fire Department of Fort Ogle thorpe, Georgia, began its existence in 1947 with a 1942 Ford 100-

FRIDAY, FEBRUARY 14, 1969

563

gallon tank Fire Truck, and now the Department has equipment valued at more than $200,000; and

WHEREAS, all improvements and equipment of the Department have been financed by the toil, sweat and tears of the members, and not by outside interests; and

WHEREAS, the fifty men who are members of the Department have paid for much of their equipment by holding barbeques--the latest of which involved the cooking and selling of 5,000 pounds of delicious beef and pork; and
WHEREAS, the Department started out with four men, and now is one of the largest volunteer fire departments in the South; and
WHEREAS, the Department, in 1958, built a new $60,000 fire hall, and in 1960 sold the building to the City of Fort Oglethorpe for $1.00; and
WHEREAS, there are over 300 subscribers to the Department, each of whom pays an annual fee of $12.00, but the Department covers all churches and schools free, and responds to all fire calls whether from subscribers or not; and
WHEREAS, the area covered by the Department includes: Fort Oglethorpe, Chattanooga Valley, Tiftonia, Boynton, Lakeview and Fairview; and
WHEREAS, the Department was credited for saving the City of Rossville from complete disaster in 1967, and
WHEREAS, the following outstanding individuals make up the leadership of the Post Volunteer Fire Department: Chief, Harold Cook; Assistant Chief, Luther Nicholson; Assistant Chief, James Holder; As sistant Chief, John Alien; Captains: Raymond Mitchell, J. C. Sissom, Bill Bryant, and Bill Day; Lieutenant Tanner Austin; and Fire Mar shall, Frank Friel.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that this Body hereby commends the members of the Post Volunteer Fire Department of Fort Oglethorpe, Georgia, for their outstanding services to their area and for providing a magnificent example to the other volunteer fire departments throughout the South and the Nation.
BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this resolution to all the above named individuals.

564

JOURNAL OF THE HOUSE,

HR 165. By Messrs. Brown and Melton of the 32nd:

A RESOLUTION

Commending and congratulating Miss Wyomia Tyus; and for other purposes.

WHEREAS, Miss Wyomia Tyus is one of the most outstanding athletes in the entire world; and

WHEREAS, she is a native of Griffin, Georgia, having been born in that City on August 29, 1945; and

WHEREAS, she is a graduate of Pairmont High School in Griffin and excelled in many sports while attending high school; and

WHEREAS, as a result of her outstanding ability and determina tion, she was awarded a scholarship to Tennessee A and I and graduated from college in 1968; and

WHEREAS, continuing her remarkable athletic career, she became a member of the United State Olympic Team competing in Tokyo, Japan, in 1964, and was awarded a Gold Medal for winning the 100 meter run; and

WHEREAS, she brought even further honor to her State and country by becoming a member of the 1968 United States Olympic Team competing in Mexico City, Mexico, and winning two additional Gold Medals for finishing first in the 100 meter run and the 400 meter relay run; and

WHEREAS, in honor of this great Georgian, Honorable Lester Maddox, Governor of Georgia, proclaimed Saturday, January 25, 1969, as "Wyomia Tyus Day" in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Miss Wyomia Tyus for her outstanding achieve ments and for bringing fame and honor to herself, her State and her country.

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 Miss Wyomia Tyus.

HR 166. By Messrs. Edwards and Black of the 45th: A RESOLUTION
Commending Mrs. C. L. Ayers; and for other purposes.

FRIDAY, FEBRUARY 14, 1969

565

WHEREAS, Mrs. C. L. Ayers, the wife of Mr. C. L. (Pete) Ayers, was elected President of the Third District of the Georgia Federation of Womens' Clubs at the Spring meeting held in 1968; and

WHEREAS, she has served as first vice president of the Third District for the past two years; and

WHEREAS, she is a member of the City Council in Reynolds, Georgia; and

WHEREAS, she has served as president of the Reynolds Woman's Club for three years and was named Club Woman of the Year in 1966; and

WHEREAS, she has unselfishly contributed her time and efforts toward making the City of Reynolds a better place in which to live.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mrs. C. L. Ayers for her many outstanding accomplishments.

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 Mrs. C. L. Ayers.

HR 167. By Messrs. Edwards and Black of the 45th:
A RESOLUTION
Commending Specialist 5 Donald Payne; and for other purposes:
WHEREAS, Specialist 5 Donald Payne, a native of Taylor County, and son of Mrs. Eldridge Payne and the late Mr. Payne, was awarded the Oak Leaf Cluster with the V device for heroism in Vietnam on March 3, 1968; and
WHEREAS, he received the award for heroism while participating in aerial flight in which he distinguished himself while serving as an air ambulance aidman on a medical evacuation helicopter; and
WHEREAS, the helicopter was evacuating wounded personnel and he volunteered to attempt the evacuation despite the fact that gun ships were not available; and
WHEREAS, after the initial evacuation of the wounded, he un hesitatingly volunteered to return to the dangerous landing area four more times for further evacuation of wounded soldiers; and
WHEREAS, his heroic action was in keeping with the highest traditions of the military service and reflects great credit upon him.

566

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Specialist 5 Donald Payne is hereby com mended by this Body for his heroism in Vietnam.
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 Specialist 5 Donald Payne.

SR 29. By Senators Coggin of the 35th and Brown of the 46th:
A RESOLUTION
Commending the University of Georgia Football Team; and for other purposes.
WHEREAS, the University of Georgia Bulldogs experienced one of their most successful football seasons during 1968, winning eight games and tying two in regular season play; and
WHEREAS, Georgia won the Southeastern Conference title, was selected to participate in the 35th annual Sugar Bowl Game, and was rated in all the polls as being one of the top ten football teams in the country; and
WHEREAS, the fine efforts of this great team have focused the attention of the nation on the University of Georgia and the State of Georgia, bringing great credit, not only to the team, but to the Uni versity and to the entire State; and
WHEREAS, the members of the team were dedicated individuals who became molded by a combination of character and talent into a cohesive unit, and all the players evidenced a fine competitive spirit and sportsmanlike conduct; and
WHEREAS, Athletic Director Joel Eaves, Coach Vince Dooley and the outstanding Assistant Coaches continued their phenomenal record of successful seasons.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest congratulations are hereby extended to each member of the University of Georgia Football Team, to Athletic Director Joel Eaves, to Coach Vince Dooley, to each of the Assistant Coaches, and to all members of the University of Georgia Department of Athletics for their outstanding achievements, and they are most heartily commended for a most successful 1968 season, and the winning of the Southeastern Conference Championship.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit an appropriate copy of this Resolution to University of Georgia President Fred Davison, Athletic Director Joel Eaves, and Coach Vince Dooley, who shall receive it on behalf of himself, his Assistant Coaches, and each member of the University of Georgia Football Team.

FRIDAY, FEBRUARY 14, 1969

567

SR 47. By Senators Eldridge of the 7th and Dean of the 6th:

A RESOLUTION

Relative to the presentation of a trophy; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Senate and the House of Representatives meet in Joint Session in the Hall of the House of Representatives at 12:00 Noon Monday, February 17th, for the purpose of making a presentation to Joey Vickers for being named "Top 4-H Poultry Judge in the United States".

The following Resolution of the House was read:

HR 168. By Mr. Parker of the 46th:
A RESOLUTION
Electing William F. Blanks of Macon County as a member of the State Election Board; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that pursuant to Code Section 34-201 (a) of the "Georgia Election Code", William F. Blanks of Macon County is hereby elected by the House of Representatives as a member of the "State Election Board".
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Governor, to the Secretary of State and to Mr. Blanks.

Pursuant to the provisions of HR 168, Mr. Parker of the 46th placed in nomination the name of Mr. William F. Blanks of Macon County as a member of the State Election Board.

On the election, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle

Bell Bennett Berry Black Bohannon Bostick Bowen

iirantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Burruss Busbee

568
Caldwell Carnes Cato Chandler Cole Collier, J. M. Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. DeLong Dent Dixon Dodson Dorminy Douglas Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, B. L.

JOURNAL OP THE HOUSE,

Hill, G. Hood Horton Housley Howell Hutchinson Joiner Jones, C. M. Jones, Herb Jones M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn

Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble
Ware
Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Barfield Blalock Bond Brooks Brown, C. Gates

Clarke Cook Crowe Dean, J. E. Dean, N. Dickinson

Edwards Egan Ezzard Geisinger Hale Hamilton

Hargrett Harris, R. W. Henderson Holder Hudson Johnson

FRIDAY, FEBRUARY 14, 1969

569

Jordan, G. Lewis Marcus Melton Nash Parker, H. W.

Phillips, L. L. Reaves Snow Townsend Wilson Mr. Speaker

On the election, the ayes were 157, nays 0.

Mr. William F. Blanks of Macon County was declared elected as a member of the State Election Board.

HR 168 was adopted.

The following Resolutions of the House and Senate were read and referred to the committees:

HR 169. By Mr. Wamble of the 69th:
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 coun try 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, Clayton Mack McChen, Uncle John Patterson, Hoyt Pruitt, Slim Stewman, Harpo Kidwell, and John Fulton; and
WHEREAS, WSB, WAGA, WTJH, WYZE and WGST are among the stations that pioneered country and western music; and

570

JOURNAL OF THE HOUSE,

WHEREAS, WRNG Radio has rendered a valuable service on behalf of country and western music by interviewing many persons who are experts in this field.

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 2 in each year as the "Annual Old-Timers' Day".

BE IT FURTHER RESOLVED that the Speaker of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Governor Lester Maddox. Referred to the Committee on State of Republic.

HR 170. By Mr. Alexander of the 108th:
A RESOLUTION
Creating the Governmental Immunity Study Committee; and for other purposes.
WHEREAS, the problem of governmental immunity is one which has plagued public officials and citizens during the entire course of the history of governments; and
WHEREAS, there are various schools of thought concerning this subject, and many theories have been advanced concerning the proper procedure relating to claims of citizens against their government, be it local, State or Federal; and
WHEREAS, governmental units are oftentimes protected and granted complete immunity for tortuous acts against citizens, to the detriment of citizens; and
WHEREAS, it behooves the members of this body to be furnished a complete and thorough study relative to governmental immunity, particularly as applied to municipalities, counties, and the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Governmental Immunity Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the subject of governmental immunity as applied to municipalities and counties of this State, and of the State. It shall seek the advice and counsel of local and State officials and shall study the laws relative thereto and the administration thereof of other states. The members of the Committee shall receive the allowances authorized by law for legislative members of interim legislative committees, but shall not re ceive the same for more than fifteen days. The Committee shall make a report of its findings and recommendations on or before December

FRIDAY, FEBRUARY 14, 1969

571

1, 1969, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of the government.

Referred to the Committee on Education.

HR 171. By Messrs. Brown of the 110th and Hill of the 94th:
A RESOLUTION
Creating the School Grievances Study Committee; and for other purposes.
WHEREAS, at the present time Negroes are picketing the Worth County High School; and
WHEREAS, many Negro youths have been arrested for demonstrat ing at Holley School in Worth County; and
WHEREAS, these demonstrations and protests began after the arrest of a 15 year old Negro girl and her 11 year old sister; and
WHEREAS, the older girl was sentenced to a State training center after being found guilty of delinquency and disorderly conduct while her younger sister was released on probation; and
WHEREAS, Negroes in Worth County are protesting the sentenc ing of said teen-age girl, and many Negro youths are boycotting said school; and
WHEREAS, there have been many other serious grievances and disturbances in other parts of the State, and these matters should be investigated in the interest of all citizens of our State to uncover any injustices that might have given rise to such grievances and disturb ances.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the School Griev ances Study Committee to be composed of seven members of the Educa tion Committee to be appointed by the Speaker of the House. Said Com mittee shall make a thorough study of the causes of school protests and demonstrations and seek to find methods whereby such protests and demonstrations can be prevented. In carrying out their study, each member of said Committee shall be authorized to meet for such number of days as shall be authorized by the Speaker of the House of Repre sentatives.
BE IT FURTHER RESOLVED that the Committee may do any and all things consistent with this Resolution that are necessary or

572

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convenient to enable it to fully and adequately effectuate its powers, perform its duties and accomplish the objectives and purposes of this Resolution.

BE IT FURTHER RESOLVED that the members of the Committee shall be entitled to receive the expenses and allowances authorized by law for members of legislative committees from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said Committee, to the 1970 Session of the General Assembly of Georgia, and said Committee shall stand abolished on the day said 1970 Session convenes.

Referred to the Committee on State Institutions and Property.

HR 172. By Messrs. Bell of the 73rd, Collins of the 72nd, Floyd of the 75th, Geisinger of the 72nd, Davis of the 75th and many others:
A RESOLUTION
Relating to maintenance and repairs of the Expressway System in the metropolitan Atlanta area; and for other purposes.
WHEREAS, the Expressway System in metropolitan Atlanta is the primary artery for ingress and egress of the citizens of this great and growing urban area; and
WHEREAS, said Expressway System is far exceeding its antici pated vehicular traffic, resulting in general congestion of traffic during most hours of the day, and
WHEREAS, tourist traffic and trucks heading either North or South on Interstate 75 and 85 must use said Expressday System; and
WHEREAS, the State Highway Department is to be commended for doing an admirable job, under most trying circumstances, in its continuing program of maintenance, repair and general upgrading of this overworked facility, and
WHEREAS, this maintenance, repair and general upgrading must, of necessity, have a disruptive effect on the normal free flow of traffic, and
WHEREAS, this disruption of traffic causes unexpected and ex asperating delays and various other hardships on our good citizens, and creates a poor impression on our visiting tourists.

FRIDAY, FEBRUARY 14, 1969

573

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this the Georgia House of Representatives respectfully requests of the State Highway Department that it use its authority on State contracts, and its influence on city or county con tracts, to schedule, in the Metropolitan Atlanta area, the maintenance, repair and upgrading activities on Saturdays or between the hours of 7:00 p.m. and 7:00 a.m. on weekdays.

BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is authorized and instructed to transmit a copy of this Resolution to the Director of the State Highway Department and to each member of the State Highway Board.

Referred to the Committee on Highways.

HR 173. By Messrs. Westlake of the 75th, Dodson of the 82nd, Geisinger and Collins of the 72nd, Sherman and DeLong of the 80th and Maxwell of the 78th:
A RESOLUTION
Amending the rules of the House; and for other purposes.
WHEREAS, our State has a water and air pollution problem; and
WHEREAS, the General Assembly of Georgia should consider what can be done to remedy such problem.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 209 of the House of Representatives is hereby amended by adding after the following:
"18. Natural Resources.",
the following:
"Subcommittee: Water and Air Pollution."

Referred to the Committee on Rules.

HR 174. By Mr. Alexander of the 108th:
A RESOLUTION
Creating a committee to study the feasibility of enacting a State Minimum Wage Law; and for other purposes.

574

JOURNAL OF THE HOUSE,

WHEREAS, in this era of unprecedented prosperity, countless num bers of the citizens of this State are compensated in an unbelievably small amount; and

WHEREAS, the members of this body are in need of information concerning wages of the working people of this State, the system rela tive thereto, and the Minimum Wage Law.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Minimum Wage Law Study Committee to be composed of seven members of the House to be appointed by the Speaker. The committee shall study all matters relative to wages with particular emphasis on the advisability and feasibility of enacting a State Minimum Wage Law. The members of the committee shall receive the allowances authorized by law for legis lative members of interim legislative committees, but shall receive the same for not more than fifteen days. The committee shall make a report of its findings and recommendations on or before December 1, 1969, 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 Industrial Relations.

HE 175. By Messrs. Grahl of the 40th and Barber of the 15th:
A RESOLUTION
Creating an interim committee to study the Teachers' Retirement System of Georgia; and for other purposes.
WHEREAS, there are many inequities in the present law which created the Teachers' Retirement System; and
WHEREAS, there is a need for a comprehensive study into the System so that certain inequities may be eliminated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Teachers' Retirement System Study Committee". The Committee shall 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 Teachers' Retirement System. The Committee shall make a report of its findings and recommendations to the 1970 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 com-

FRIDAY, FEBRUARY 14, 1969

575

mittees. The funds necessary for the purpose of this Resolution shall come from funds appropriated to and available to the legislative branch of government.

Referred to the Committee on Education.

HR 176. By Mr. Funk of the 92nd:
A RESOLUTION
Requesting the Board of Regents to supply certain information to the State Department of Education; and for other purposes.
WHEREAS, at the present time, there is no extensive method for determining the performance of Georgia high school graduates who have entered the various colleges of the University System of Georgia; and
WHEREAS, it would be of great interest and value to the various superintendents of Georgia's school systems to have information con cerning the performance of their graduates in the colleges of the University System; and
WHEREAS, this information would provide the superintendents with a measure of the quality of education they are offering to their students.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Regents and Dr. George L. Simpson, Jr., Chancellor, are hereby requested to promulgate a policy whereby the various units of the University System would report the first semester freshmen grades of graduates from Georgia high schools and that the Board of Regents in turn supply this information to the Department of Education on a timely basis.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward a copy of this resolution to each member of the Board of Regents; to Dr. George L. Simpson, Jr., Chancellor; to Dr. Jack P. Nix, State Super intendent of Schools; and to Dr. Titus Singletary, State Department of Education.

Referred to the Committee on Education.

HR 177. By Messrs. Westlake of the 75th, Dodson of the 82nd, Geisinger and Collins of the 72nd, DeLong of the 80th and Maxwell of the 78th:

576

JOURNAL OF THE HOUSE,

A RESOLUTION
Amending the rules of the House; and for other purposes.
WHEREAS, more than fifty (50%) percent of our population in the State is presently residing in urban areas; and
WHEREAS, there are many urban problems which should be con sidered by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 209 of the House of Representatives is hereby amended by adding after the following:
"23. Temperance.",
the following:
"24. Urban Affairs.",
and by renumbering committees 24, 25, and 26, as 25, 26, and 27, respectively.

Referred to the Committee on Rules.

SR 31. By Senator Riley of the 1st:
A RESOLUTION
Relative to the National System of Interstate and Defense High ways; and for other purposes.
WHEREAS, for a number of years the Federal government in cooperation with State governments has had underway an ambitious program to connect the principal cities and defense installations in the United States by Interstate Highway Systems; and
WHEREAS, there presently exists in the enabling legislation pro viding for the construction of Interstate and Defense Highways a deadline beyond which the Federal government will not participate in the construction of such highways; and
WHEREAS, it would be advantageous to all concerned that the proven worth of such a program be extended beyond said deadline, and, in addition, new systems of connecting Interstate Highways be au thorized for those cities and defense installations which are not now adequately included within the program.

FRIDAY, FEBRUARY 14, 1969

577

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that each and every member of the Georgia Congressional Delegation is hereby urged and encouraged to exert their every influence to see that the National System of Interstate and Defense Highways is expanded and continued in order that the citizens of this country might reap the many benefits which have proven to be of such value in the past.

BE IT FURTHER RESOLVED that, in particular, this body urges upon Congress and the Federal Bureau of Roads to include among their future plans an Interstate Highway System which will connect the military installations of Fort Stewart and Hunter Army Air Field.

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 Georgia Congressional Delegation.

Referred to the Committee on Highways

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 318. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Battle

Bell Bennett Berry Black Bohannon

Brantley, H. H. Brantley, H. L. Bray Brooks Buck

578
Burruss Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. F.

JOURNAL OP THE HOUSE,

Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L.
Holder Hood Horton Housley Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash

Nessmith Northcutt Nunn
Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Alexander Atherton Barfield Blalock Bond

Bostick Bowen Brown, B. D. Brown, C. Busbee

Colwell Cook Dean, J. E. Dean, N. Egan

Fallin Hale Hamilton Hargrett Harris, R. W. Hill, G. Howell Hudson

FRIDAY, FEBRUARY 14, 1969

579

Jordan, G. Lewis Marcus Mason McCracken Melton Moate Pafford

Phillips, L. L. Pickard Rainey Reaves Smith, V. T. Snow Townsend Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 219. By Messrs. Farmer and Matthews of the 16th, Thompson of the 85th and Thompson of the 86th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, as amended, so as to provide that certain public officials shall not be competent to serve as grand jurors while serving as such officials; and for other purposes.

The following amendment was read and adopted:
Mr. Sorrells of the 24th moves to amend HB 219 by adding the words "and justices of the peace" after the words "county treasurers".

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 Battle Bell Bennett Berry Black Bohannon Bostick

Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Clarke

Cole Collier Collins, S. Conger Connell Conner Dailey Bavis, E. T. Davis, W. Dean, N. DeLong

580
Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. B. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Harris, J. F. Harris, J. B. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton

JOURNAL OF THE HOUSE,

Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lowrey Marcus Mathews, C. Mauldin Maxwell McClatchey Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Northcutt Nunn Odom Pafford

Parker Patterson Peters Phillips, W. B. Pinkston
Poole Potts Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Sims Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilson

Those voting in the negative were Messrs.:

Atherton Ballard Housley Howell

Knowles Kreeger Lambert Murphy

Nessmith Paris Williams Wood

Those not voting were Messrs.:

Barfield Blalock Bond Brantley, H. L. Brooks Burruss Caldwell Chandler Collins, M.

Colwell Cook Cooper Crowe Daugherty Dean, J. E. Edwards Fallin Hale

Hargrett Harrington Harris, R. W. Hill, G. Joiner Knapp Lewis Longino Mason

FRIDAY, FEBRUARY 14, 1969

581

Matthews, D. R. McCracken McDaniell Melton Parker, H. W.
Peterson

Phillips, G. S. Phillips, L. L. Pickard Rainey Reaves

Shepherd Smith, J. R. Snow Vaughn Mr. Speaker

On the passage of the Bill, as amended the ayes were 138, nays 12.

The Bill, having received the requisite constitutional majority, was passed as amended.

SB 11. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act revising the adoption laws, of Georgia as amended, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopted person; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend Senate Bill No. 11 as follows:
By striking from the title the word "adopted" where it appears between the word "the" and the word "person" and inserting in lieu thereof the word "adopting."

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 Atherton Ballard Barber Battle Bell

Berry Black Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, B. D. Brown, C. Burruss Caldwell Carnes Gates Cato

582
Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Grahl Graves Harrington Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G.

JOURNAL OF THE HOUSE,

Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt

Nunn Odom Pafford Paris Parker, C. A . Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole, Will Potts Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins
Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R, Toles Townsend Vaughn Wamble Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Voting in the negative was Mr. Johnson.

Those not voting were Messrs.:

Barfield Bennett Blalock Bond

Buck Busbee Clarke Daugherty

Dean, J. E. Fallin Gary Gignilliat

FRIDAY, FEBRUARY 14, 1969

583

Gunter Hadaway Hale Hamilton Hargrett Harris, J. F. Harris, R. W.

Lewis Matthews, D. R. McCracken Melton Phillips, L. L. Pickard

Rainey Reaves Snow Ware Westlake Mr. Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 99. By Messrs. Westlake and Floyd of the 75th, McCracken of the 36th, Davis of the 75th and Davis of the 86th:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to making or delivery of a worthless check, etc. for the payment of money, as amended, so as to provide that any person making or delivering a worthless check, etc., who receives money or other thing of value in excess of a certain amount, shall be guilty of a felony; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and pro viding for a new Criminal Code, approved April 10, 1968 (Ga. Laws 1968, p. 1249), so as to provide that a person who makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages in excess of $300.00, knowing that it will not be honored by the drawee, commits a felony and upon conviction thereof shall be punished by a fine not exceeding $2,000.00 or by imprisonment in the penitentiary not exceeding three years, or both; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I
An Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment thereof, and establishing new laws relating thereto, and providing for a new Criminal Code, approved

584

JOURNAL OF THE HOUSE,

April 10, 1968 (Ga. Laws 1968, p. 1249), is hereby amended by in serting between the first and second sentences of Code Section 26-1704 the following:

"Provided, however, when any person who violates the pro visions of this Section receives a present consideration or wages in excess of $300.00, he shall be guilty of a felony and upon con viction thereof shall be punished by a fine not exceeding $2,000.00 or by imprisonment in the penitentiary not exceeding three years, or both.",

so that when so amended Code Section 26-1704 shall read as follows:

"26-1704. Bad checks.--A person who makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee, com mits a misdemeanor. Provided, however, when any person who violates the provisions of this Section receives a present considera tion or wages in excess of $300.00, he shall be guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding $2,000.00 or by imprisonment in the penitentiary not exceeding three years, or both. For the purposes of this section, it is prima facie evidence that the accused knew that the instrument would not be honored, if:

(a) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10 days after receiving notice of that, refusal.

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:

FRIDAY, FEBRUARY 14, 1969

585

Those voting in the affirmative were Messrs.

Atherton Ballard Bell Burruss Cole Collins, S. Cooper Davis, E. T. Davis, W. Dent Dickinson Dodson Egan

Floyd, L. R. Gary Gaynor Geisinger Graves Higginbotham Housley Howell Jones, Herb Lee, W. J. (Bill) Longino Lowrey McDaniell

Northcutt Scarlett Simkins Sims Sorrells Sweat Toles Townsend Westlake Whaley Wilson Wood

Those voting in the negative were Messrs.

Adams Anderson Barber Battle Black Bohannon Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Busbee Caldwell Carnes Cato Chandler Clarke Collier Collins, M. Conger Connell Conner Dailey Dixon Dorminy Douglas Edwards Evans Ezzard Farrar Floyd, J. H. Grahl

Gunter Hadaway Harrington Harris, J. R. Harrison Hawes Henderson Hill, B. L. Hill, G. Horton Hudson Hutchinson Johnson Joiner Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, W. J. Lee, W. S. Levitas Marcus Mason Mauldin Miles Milford Moate Moore

Those not voting were Messrs.:

Alexander Barfield Bennett

Berry Blalock Bond

Mullinax Murphy Nash Nessmith Nunn Odom Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Potts Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Smith, J. R. Thomason Thompson, A. W. Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Winkles
Bostick Bray Brooks

586
Brown, C. Buck Gates Colwell Cook Crowe Daugherty Dean, J. E. Dean, N. DeLong Ellis Fallin Farmer Felton Funk Gignilliat Hale Hamilton

JOURNAL OF THE HOUSE,

Hargrett Harris, J. F. Harris, R. W. Holder Hood Jones, C. M. Keen Knapp Lane, Dick Leonard Lewis Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken Melton Merritt

Miller Morris Pafford Parker, C. A. Phillips, L. L. Pickard Poole Rainey Reaves Shepherd Sherman Smith, V. T. Snow Thompson, R. Ware Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 38, nays 93.

The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 133. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to grant a possessory lien in favor of any person, firm or corporation who or which alters or repairs any motor vehicle at the request of the owner or person in legal possession thereof; and for other purposes.

By unanimous consent, further consideration of HB 133 was postponed until Monday, February 17, 1969.
HB 211. By Messrs. Westlake of the 75th and Farmer of the 16th: A Bill to be entitled an Act to repeal Code Chapter 47-10, relating to lob bying; and for other purposes.
By unanimous consent, further consideration of HB 211 was postponed until Monday, February 17, 1969.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

FRIDAY, FEBRUARY 14, 1969

587

HB 6. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements to which such land is subject at the time of the sale; and for other purposes.

The following Senate substitute was read:

A BILL

To be entitled an Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements or right-of-ways created by operation of law or expressly created ease ments or right-of-ways of record which such land is subject at the time of the sale; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
No sale of real property under a fieri facias for taxes or under a fieri facias for any improvement assessment shall extinguish or affect any easement or right-of-way in, over, under or across said real property created by operation of law or expressly created, provided such expressly created easement or right-of-way was recorded prior to recording of the fieri facias for taxes or improvement assessment under which the real property subject to such easement or right-of-way was sold.

SECTION 2 All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Harris of the 77th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate substitute to HB 6 was agreed to.

HB 9. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Code Section 31-110, relating to how dower may be barred, so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will; and for other purposes.

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The following Senate amendment was read:

The Senate Judiciary Committee offers the following amendment to HB 9:
By inserting, in the caption, after the phrase "under power in a will" and before the phrase "to repeal conflicting laws" the following phrase: "to provide that no sale within 90 days of the qualification of the administrator or executor will bar dower"
And by striking Section 1 in its entirety and substituting in lieu thereof the following:
"Section I. Code Section 31-110, relating to how dower may be barred, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 450), an Act approved March 9, 1955 (Ga. Laws 1955, p. 616), and an Act approved April 9,1968 (Ga. Laws 1968 p. 1227), is hereby amended by adding a new subsection to be designated as subsection "(5)" and which shall read as follows:
(5) by a failure to apply for dower prior to a sale by the administrator or executor under authority of a court of com petent jurisdiction or under power in a will, provided that unless consented to by the widow, no sale within 90 days of the qualification of the administrator or executor will, of itself, bar dower.
so that when so amended Code Section 31-110 shall read as follows:
"31-110. Dower may be barred: (1) by provisions made prior to the marriage and accepted by the wife in lieu of dower;

(2) by a provision made by deed or will, and accepted by the wife after the husband's death, expressly in lieu of dower, or where the intention of the husband is plain and mani fest that it shall be in lieu of dower; or
(3) by failure of the widow within three (3) years of the death of her husband to apply for dower; or
(4) by the adultery of the wife unpardoned by the hus band; or
(5) by failure to apply for dower prior to a sale by the administrator or executor under authority of a court of com petent jurisdiction or under power in a will, provided that un less consented to by the widow, no sale within 90 days of the the qualification of the administrator or executor will, of itself, bar dower.

FRIDAY, FEBRUARY 14, 1969

589

Mr. Harris of the 77th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 99, nays 0.

The motion prevailed, and the Senate amendment to HB 9 was agreed to.

Pursuant to the provisions of HR 140, adopted by the House and Senate, Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning.

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Representative Hall, Atlanta, Georgia Monday, February 17, 1969

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 Representative Dewey Rush of the 51st District.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HBi 446. By Messrs. Shanahan of the 8th and Harris of the 10th:
A Bill to be entitled an Act to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or

MONDAY, FEBRUARY 17, 1969

591

recorded or electronically amplified imitations of calls or sounds; and for other purposes.
Referred to the Committee on Game and Fish.

HB 448. By Messrs. Davis, Westlake, Floyd and Higginbotham of the 75th and Collins of the 72nd:
A Bill to be entitled an Act to provide that no State, county or munici pal elected official who has the power and authority to raise his own salary shall do so unless the effective date of such a raise is set for a date in the next term of office; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company title in and to the air space above a certain tract of land; and for other purposes.
Referred to the Committee on Local Affairs.

HB 450. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to authorize the governing authority of Habersham County to establish special fire protection districts through out the county and to levy taxes upon the taxable property therein for the purposes of constructing, obtaining and maintaining fire protection facilities therefor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 451. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to require credit investigative firms doing business in Georgia to permit any person, firm or corporation who or which is the subject of an investigative report to inspect and copy said report for the purpose of allowing said person, firm or corporation an opportunity to rebut or correct erroneous information contained in said report; and for other purposes.
Referred to the Committee on Judiciary.

HB 452. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act known and cited as the "Unliquidated Damages Interest Act", so as to remove the $5,000 limita tion, and thus to make the Act applicable to each action ex delicto in which there is a claim for unliquidated damages; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 453. By Mr. Ware of the 30th:
A Bill to be entitled an Act to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
Referred to the Committee on Insurance.

HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A Bill to be entitled an Act to be amend an Act establishing an equalized adjusted school property tax digest for each county in the State and for the State as a whole, so as to provide that notwithstanding any pro visions of said Act to the contrary, the equalized adjusted school proper ty tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; and for other purposes.
Referred to the Committee on Ways and Means.

HB 455. By Messrs. Lane of the 101st, Adams of the 100th, Hawes of the 95th, Levitas of the 77th and Longino of the 98th:
A Bill to be entitled an Act to provide that owners of single family residential real property which is located within the corporate limits of two or more municipalities and such municipalities are located within certain counties of this State shall have the right to select the mu nicipality which shall annex their property under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.
HB 456. By Messrs. Housley and Burruss of the 117th:
A Bill to be entitled an Act to require the person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident or struck by a bullet to report certain information to local law enforcement officials within 24 hours after such vehicle is received and before any repairs are made; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A Bill to be entitled an Act to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Su perior Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 17, 1969

593

HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, Ployd and Davis of the 75th, Collins of the 62nd, Jordan of the 74th, Evans of the 81st, Ellis of the 91st and others.
A Bill to be entitled an Act to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.
Referred to the Committee on Judiciary.

HB 459. By Messrs. Collins of the 72nd, Davis of the 75th, Collins of the 62nd, Evans of the 81st, Mullinax of the 30th and others:
A Bill to be entitled an Act to amend Code Section 56-815b, relating to a special license to sell travel ticket insurance, so as to provide that no person, firm or corporation shall issue or sell, either in person or via a vending machine, any policy of insurance which has for its pur pose the insuring of the insured's life or limb while a passenger on a commercial aircraft; and for other purposes.
Referred to the Committee on Insurance.

HB 460. By Messrs. Hudson of the 48th and Rowland of the 42nd:
A Bill to be entitled an Act to repeal Code Sections 13-2011 and 132012 relating to restrictions on borrowing by officers, agents, and em ployees from the banks in which they are employed; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 461. By Messrs. Westlake of the 75th, Barber of the 15th and Williams of the llth:
A Bill to be entitled an Act to amend an Act regulating and licensing driver training schools and licensing instructors of such schools, so as to provide for issuing a temporary instructor's license under certain circumstances; and for other purposes.
Referred to the Committee on Education.

HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HR 178-462. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A Resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and

594

JOURNAL OF THE HOUSE,

interest which the State possesses in a certain tract of land; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 179-462. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A Resolution authorizing and instructing the State Department of Edu cation to pay certain sums to certain local units of administration who were denied their proportionate share of the funds distributed under the Minimum Foundation Program for Education Act due to errors committed in the preparation of their equalized adjusted school proper ty tax digest; and for other purposes.
Referred to the Committee on Education.

HR 180-462. By Messrs. Morris and Bell of the 73rd and Ross of the 26th:
A Resolution proposing an amendment to the Constitution so as to pro hibit the spouse or offspring of a Governor to immediately succeed said Governor in office; and for other purposes.
Referred to the Committee on State of Republic.

HB 463. By Messrs. Diekinson of the 118th, Colwell of the 5th, Johnson of the 29th, Lowrey of the 9th, Ross of the 26th, Morris of the 73rd, Shanahan of the 8th, Cato of the 68th, Grahl of the 40th and Levitas of the 77th:
A Bill to be entitled an Act to amend Code Section 56-2430.1 so as to provide that the insured is to receive reasons for cancellation of auto mobile insurance policy; and for other purposes.
Referred to the Committee on Insurance.

HB 464. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to abolish the present method of compen sating the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Local Affairs.

HB 465. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions relating to the lawful voting age; to repeal con flicting laws; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 17, 1969

595

HB 466. By Mr. Sweat of the 65th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of com pensation approved March 30, 1965, (Ga. L. 1965, p. 2897), as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; 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 427. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomson, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.

HB 428. By Messrs. Matthews of the 53rd and Hudson of the 48th:
A Bill to be entitled an Act to be known as the "Dead Animal Dis posal Act"; to provide for the disposition of dead animals and parts thereof; and for other purposes.

HB 429. By Messrs. Hudson of the 48th and Holder of the 49th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to change the membership of the Board of Health; and for other purposes.

HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th, Battle of the 90th, Hill of the 94th and Funk of the 92nd:
A Bill to be entitled an Act to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the govern ing authority of Port Wentworth to sell that portion of a public street, known as Commonwealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U. S. Coastal Highway 17, to any person, firm or corporation for such consideration as the governing au thority shall deem best; and for other purposes.

HB 431. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th:
A Bill to be entitled an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint planning facilities, so to clarify that municipalities have the au thority to zone property within their corporate limits, and counties have the authority to zone property within the unincorporated areas of the county; and for other purposes.

HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th, and Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to increase the surety bond required of the Executive Director of the corporation; to au thorize the Board to defer repayment of certain loans; and for other purposes.

HB 434. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the preceding years' value; and for other purposes.

HB 435. By Messrs. Evans, Keen, Pinkston and Knapp of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act to reenact the Charter of the City of Macon, so as to authorize said City to levy and collect with in the limits of said City any tax which is not expressly prohibited by the constitution or General Laws of the State of Georgia; and for other purposes.

HB 436. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved Febru ary 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.

HB 437. By Messrs. Hale, Snow and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, so as to pro-

MONDAY, FEBRUARY 17, 1969

597

vide for institutional licenses for certain medical employees of Hospital Authorities and institutions operated by such Authorities; and for other purposes.

HB 438. By Mr. Thompson of the 86th:
A Bill to be entitled an Act to create in each county an agricultural zoning board; to provide that such boards shall zone all agricultural lands on an annual basis; to provide for the return of agricultural lands, etc.; and for other purposes.

HB 439. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other purposes.

HR 142-439. By Mr. Potts of the 30th: A Resolution compensating Mr. S. P. King; and for other purposes.

HR 143-439. By Messrs. Atherton, McDaniell, Burruss, Wilson, Kreeger and Henderson of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the bonded indebtedness of the City of Marietta; and for other purposes.
HB 440. By Messrs. Anderson of the 49th, Johnson of the 29th, Harris of the 10th and Cole of the 3rd:
A Bill to be entitled an Act to amend the Motor Vehicle Sales Finance Act, so as to provide that if any sale of a motor vehicle on credit entered into in this State between a retail seller and a retail buyer requires, etc. the execution of a promissory note, etc., such note shall not be a negotiable instrument within the meaning of the Uniform Com mercial Code; and for other purposes.
HB 441. By Messrs. Anderson of the 49th, Johnson of the 29th, Harris of the 10th and Cole of the third:
A Bill to be entitled an Act to amend the Retail Installment and Home Solicitation Sales Act, so as to provide that if any sale of goods or services on credit entered into in this State between a retail seller and a retail buyer requires the execution of a promissory note, etc., such a note shall not be a negotiable instrument within the meaning of the Uniform Commercial Code; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 442. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a per son who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, etc.; and for other purposes.

HB 443. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint deputies, clerks, assistants or other personnel; and for other purposes.

HB 444. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the board of county commissioners; and for other purposes.

HR 144-444. By Mr. Vaughn of the 74th:
A Resolution recreating the Joint Highway Laws Interim Study Com mittee; and for other purposes.

HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Felton, Hawes and Gates of the 95th, Adams of the 100th, Carnes of the 104th, Bond of the lllth, Alexander of the 108th and others:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain municipalities; and for other purposes.

HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law" (now Employment Security Law), by modi fying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other pur poses.

MONDAY, FEBRUARY 17, 1969

599

SB 9. 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, so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; and for other purposes.

SR 15. By Senators Webb of the llth and Bateman of the 27th:
A Resolution creating the "Central Printing Agency Study Committee"; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 391. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for the County of Irwin, so as to change the compensation of the chairman of said board and the members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 393. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one additional deputy; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE HOUSE,

HB 395. By Messrs. Atherton, Burruss, Wilson, Kreeger, McDaniell and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 405. By Messrs. Kreeger, Housley, Atherton,,McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Charter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Commissioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

MONDAY, FEBRUARY 17, 1969

601

The Bill, having received the requisite constitutional majority, was passed.

HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to change the qualifications for ordinaries in certain counties of this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Harris, Farrar, Thomason and Levitas of the 77th and Dean of the 76th:

A Bill to be entitled an Act to amend an Act relating to the Stone

Mountain Judicial Circuit so as to provide that the salary of the

;

judges of the Superior Court shall be supplemented by payments to be

made from the county treasuries of the various counties composing

the Circuit; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 411 by chang ing the period at the end of Section 2 to a semi-colon and adding the following language:
"provided, however, in the event the state salary and/or any sup plements or expense allowances paid to judges of the Superior Courts is increased over and above $18,000, the above sum of $12,000 shall be reduced by the amount of such increase."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 78. By Messrs. Nessmith, Lane and Parker of the 44th:
A Bill to amend an Act creating a charter for the Town of Rincon, so as to provide for the election of a Recorder and the appointment of a re corder pro tern; and for other purposes.

HB 79. By Messrs. Evans, Keen, Knapp, Pinkston, and Scarborough of the 81st, and others.
A Bill to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc." so as to permit certain categories of employees of the City of Macon, not now eligible for participation in Division "A" of said pensions and retirement system, to become members and participate therein, as provided by said Division "A"; and for other purposes.

HB 80. By Messrs. Evans, Keen, Knapp, Pinkston and Scarborough of the 81st and others:
A Bill to amend an Act entitled "An Act to Reenact the Charter of the City of Macon contained in the act approved August 17, 1914, etc.", so as to extend the city limits of the City of Macon, and for other purposes.

HB 82. By Mr. Bowen of the 47th:
A Bill to amend an Act creating a charter for the City of Unadilla, so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; and for other purposes.

HB 94. By Messrs. Gunter of the 6th and Moore of the 6th:
A Bill to amend an Act creating and establishing the City Court of Habersham County, so as to change the name of said court to the Civil and Criminal Court of Habersham County; and for other purposes.

HB 96. By Messrs. Gunter and Moore of the 6th:
A Bill to change the method for choosing successors to the Board of Trustees of the Habersham County Hospital Authority; and for other purposes.

MONDAY, FEBRUARY 17, 1969

603

HB 105. By Messrs. Busbee, Hutchinson, Odom and Lee of the 61st:
A Bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a supplement to the judge's salary; and for other purposes.

HB 123. By Messrs. Milford and Mauldin of the 12th:
A Bill to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; and for other purposes.

HB 124. By Messrs. Milford and Mauldin of the 12th:
A Bill to amend an Act placing the sheriff of Hart County upon an annual salary, so as to change the method of compensating the deputy sheriffs; and for other purposes.

HB 125. By Messrs. Milford and Mauldin of the 12th:
A Bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the method of compensating the assistant to the tax commissioner; and for other purposes.

HB 126. By Mr. Phillips of the 29th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensation of the Chairman of said Board of Commissioners; and for other purposes.

HB 127. By Mr. Phillips of the 29th:
A Bill to amend an Act placing the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Columbia County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, Sheriff and Tax Commissioner; and for other purposes.

HB 129. By Messrs. Brown and Melton of the 32nd:
A Bill to amend an Act establishing the City Court of Griffin, so as to change the name of the City Court of Griffin; and for other purposes.

HB 148. By Messrs. Cooper and Wood of the llth:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Dawson County, known as the fee system; and for other purposes.

604

JOURNAL OF THE HOUSE,

HB 149. By Messrs. Cooper and Wood of the llth:
A Bill to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of said county; and for other purposes.

HB 150. By Messrs. Cooper and Wood of the llth:
A Bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commis sioner of said county; and for other purposes.

HB 151. By Messrs. Cooper and Wood of the llth:
Bill to amend an Act creating the office of Commissioner of Dawson County, so as to change the compensation of the county commissioner of said county; and for other purposes.

HB 157. Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to amend an Act creating a board of commissioners of Heard County, so as to change compensation of commissioners and to provide them with an expense allowance; and for other purposes.

HB 158. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to amend an Act placing the sheriff of Heard County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes.

HB 159. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A Bill to authorize the Clerk of the Superior Court of Heard County to employ a clerical assistant; and for other purposes.

HB 196. By Messrs. Atherton, Burruss, Kreeger and Henderson of the 117th:
A Bill to amend an Act providing a new charter for the City of Marietta, so as to provide for a retirement plan for policemen and firemen of the City; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 95. By Messrs. Gunter and Moore of the 6th:
A Bill to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.

MONDAY, FEBRUARY 17, 1969

605

HB 97. By Messrs. Gunter and Moore of the 6th:
A Bill to abolish the present mode of compensating the Ordinary of Habersham County, known as the fee system; and for other purposes.

HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 37-68. Messrs. Sorrells of the 24th, Matthews and Farmer of the 16th:
A Resolution authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia the "Moina Michael Highway"; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 35. By Senators Tysinger of the 41st, Reeder of the 55th, and Miller of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of DeKalb 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 the county police force of DeKalb County; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 51. By Senator Kidd of the 25th:
A Bill to amend an Act designating public and legal holidays in the State of Georgia approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes.

606

JOURNAL OF THE HOUSE,

SB 75. By Senators Bateman of the 27th and Adams of the 26th:
A Bill creating the Bibb County Board of Education, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; and for other purposes.

SB 88. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Bill to amend Chapter 3-7 of the Code of Georgia of 1933, relating to periods of limitation of actions on contracts; and for other purposes.

SB 97. By Senator Searcey of the 2nd:
A Bill to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.

SB 101. By Senators Miller of the 43rd, Tysinger of the 41st, and Reeder of the 55th:
A Bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creat ing a Board of Commissioners of DeKalb County, as amended, so as to change the method of electing certain members of the Board of Commissioners; and for other purposes.

SB 102. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A Bill to amend an Act creating and establishing in DeKalb County Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected, so as to change the method of electing members of the board; and for other purposes.

SB 104. By Senator Eldridge of the 7th:
A Bill to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.

SB 106. By Senator Carter of the 14th:
A Bill to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for temporary driver's licenses; and for other purposes.

MONDAY, FEBRUARY 17, 1969

607

SB 108. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.

SB 112. By Senator London of the 50th:
A Bill to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications there of; to repeal specific laws; 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 35. By Senators Tysinger of the 41st, Reeder of the 55th, and Miller of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of DeKalb 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 the county police force of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 51. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holidays; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 75. By Senators Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act creating the Bibb County Board of Educa tion, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; and for other purposes.
Referred to the Committee on Local Affairs.

SB 88. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Bill to be entitled an Act to amend Chapter 3-7 of the Code of Georgia of 1933, relating to periods of limitation of actions on contracts; and for other purposes.
Referred to the Committee on Special Judiciary.

608

JOURNAL OF THE HOUSE,

SB 97. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savan nah; and for other purposes.
Referred to the Committee on Local Affairs.

SB 101. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creating a Board of Commissioners, so as to change the method of electing certain members of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

SB 102. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to change the method of electing members of the board; and for other purposes.
Referred to the Committee on Local Affairs.

SB 104. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act authorizing the Superin tendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 106. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for temporary driver's licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 108. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to be entitled an Act to amend an Act exempting the compensa tion received by certain enlisted personnel and certain commissioned

MONDAY, FEBRUARY 17, 1969

609

officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

SB 112. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications thereof; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Harris of the 77th 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.

610

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 18, 1969

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. Frank L. Brinson, Pastor, Hawhammock and Oak Chapel Baptist Churches, Emanuel County, Georgia:
"Our Father; may we know how to find meaning in the work of this day. Guide us through the planning, directing and execution of every responsibility. Free our minds for the acceptance of new ideas, new ideals for the improvement of all we try to accomplish in Thy name.
"May we be creative in our thinking, thorough and careful in our search for progress and effectiveness. Grant us diligence in the pursuit of knowledge. Keep us from the pitfalls of folly, the stupidity of wrong decisions, the unfortunate attitude of selfishness. Guide us into the way of Thy plan for our spiritual development, and cause us to be more attentive to the things that build Christian fellowship and under standing. We would reconsecrate our imagination to Thee,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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.

TUESDAY, FEBRUARY 18, 1969

611

5. Third reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 467. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Title 7 of the Code of Georgia of 1933, relating to common law and statutory arbitration, so as to estab lish a Uniform Arbitration Law in the State of Georgia; to provide for the expeditious settlement of controversies by voluntary arbitration; and for other purposes.
Referred to the Committee on Judiciary.

HB 468. By Messrs. Lane of the 101st and Adams of the 100th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system of personnel administration for State employees, so as to provide a procedure whereby certain groups of employees of any department or agency, who have not heretofore been included under the merit system of personnel administration, may become included under said system; and for other purposes.
Referred to the Committee on State of Republic.

HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th, Simkins, Maxwell and Miles of the 78th:
A Bill to be entitled an Act to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 470. By Messrs. Matthews of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to regulate the custom application of pesticides for hire or compensation; and for other purposes.
Referred to the Committee on Agriculture.

612

JOURNAL OF THE HOUSE,

HR 181-470. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th:
A Resolution expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and tele vision ; and for other purposes.
Referred to the Committee on Agriculture.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 446. By Messrs. Shanahan of the 8th and Harris of the 10th:
A Bill to be entitled an Act to provide in certain counties of this State it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use of, or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; and for other purposes.

HB 448. By Messrs. Davis, Westlake, Floyd and Higginbotham of the 75th and Collins of the 72nd:
A Bill to be entitled an Act to provide that no State, county or municipal elected official who has the power and authority to raise his own salary shall do so unless the effective date of such a raise is set for a date in the next term of office; and for other purposes.

HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.

HB 450. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to authorize the governing authority of Habersham County to establish special fire protection districts through out the county and to levy taxes upon the taxable property therein for the purposes of constructing, obtaining and maintaining fire pro tection facilities therefor; and for other purposes.

HB 451. By Mr. Games of the 104th:
A Bill to be entitled an Act to require credit investigative firms doing business in Georgia to permit any person, firm or corporation who or which is the subject of an investigative report to inspect and copy said

TUESDAY, FEBRUARY 18, 1969

613

report for the purpose of allowing said person, firm or corporation an opportunity to rebut or correct erroneous information contained in said report; and for other purposes.

HB 452. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act known and cited as the "Unliquidated Damages Interest Act", so as to remove the $5,000 limitation, and thus to make the Act applicable to each action ex delicto in which there is a claim for unliquidated damages; and for other purposes.
HB 453. By Mr. Ware of the 30th:
A Bill to be entitled an Act to provide for the licensing and regulation of the business of insurance premium financing; and for other purposes.
HB 454. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
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 and for the State as a whole, so as to provide that notwithstanding any provisions of said Act to the contrary, the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the correc tions certified by the State Auditor; and for other purposes.
HB 455. By Messrs. Lane of the 101st, Adams of the 100th, Hawes of the 95th, Levitas of the 77th, and Longino of the 98th:
A Bill to be entitled an Act to provide that owners of single family residential real property which is located within the corporate limits of two or more municipalities and such municipalities are located within certain counties of this State shall have the right to select the munici pality which shall annex their property under certain conditions; and for other purposes.
HB 456. By Messrs. Housley and Burruss of the 117th:
A Bill to be entitled an Act to require the person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident or struck by a bullet to report certain information to local law enforcement officials within 24 hours after such vehicle is received and before any repairs are made; and for other purposes.

HB 457. By Messrs. Kreeger and McDaniell of the 117th:
A Bill to be entitled an Act to amend Code Section 56-1201, relating to venue in actions against insurance companies, so as to include Superior

614

JOURNAL OF THE HOUSE,

Court Clerks or Deputy Clerks and Clerks or Deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; and for other purposes.

HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, Floyd and Davis of the 75th, Collins of the 62nd, Jordan of the 74th, Evans of the 81st, Ellis of the 91st and others:
A Bill to be entitled an Act to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.

HB 459. By Messrs. Collins of the 72nd, Davis of the 75th, Collins of the 62nd, Evans of the 81st, Mullinax of the 30th and others:
A Bill to be entitled an Act to amend Code Section 56-815b, relating to a special license to sell travel ticket insurance, so as to provide that no person, firm or corporation shall issue or call, either in person or via a vending machine, any policy of insurance which has for its pur pose the insuring of the insured's life or limb while a passenger on a commericial aircraft; and for other purposes.

HB 460. By Messrs. Hudson of the 48th and Rowland of the 42nd:
A Bill to be entitled an Act to repeal Code Sections 13-2011 and 13-2012 relating to restrictions on borrowing by officers, agents, and employees from the banks in which they are employed; and for other purposes.

HB 461. By Messrs. Westlake of the 75th, Barber of the 15th and Williams of the llth:
A Bill to be entitled an Act to amend an Act regulating and licensing driver training schools and licensing instructors of such schools, so as to provide for issuing a temporary instructor's license under certain circumstances; and for other purposes.
HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.

HR 178-462. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A Resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and

TUESDAY, FEBRUARY 18, 1969

615

interest which the State possesses in a certain tract of land; and for other purposes.

HR 179-462. By Messrs. Harrison of the 66th, Barber of the 15th, Wamble of the 69th, Ballard of the 23rd, Fallin and Matthews of the 63rd:
A Resolution authorizing and instructing the State Department of Ed ucation to pay certain sums to certain local units of administration who were denied their proportionate share of the funds distributed under the Minimum Foundation Program for Education Act due to errors committed in the preparation of their equalized adjusted school property tax digest; and for other purposes.

HR 180-462. By Messrs. Morris and Bell of the 73rd and Ross of the 26th:
A Resolution proposing an amendment to the Constitution so as to prohibit the spouse or offspring of a Governor to immediately succeed said Governor in office; and for other purposes.

HB 463. By Messrs. Dickinson of the 118th, Colwell of the 5th, Johnson of the 29th, Lowrey of the 9th, Ross of the 26th, Morris of the 73rd, Shanahan of the 8th, Cato of the 68th, Grahl of the 40th and Levitas of the 77th:
A Bill to be entitled an Act to amend Code Section 56-2430.1, so as to provide that the insured is to receive reasons for cancellation of automobile insurance policy; and for other purposes.

HB 464. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to abolish the present method of compensat ing the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 465. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Homerville, approved March 4th, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions relating to the lawful voting age; to repeal conflicting laws; and for other purposes.

HB 466. By Mr. Sweat of the 65th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of com pensation, approved March 30, 1965, (Ga. L. 1965, p. 2897), as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; and for other purposes.

616

JOURNAL OF THE HOUSE,

SR 35. By Senators Tysinger of the 41st, Reeder of the 55th, and Miller of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of DeKalb 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 the county police force of DeKalb County; and for other purposes.

SB 51. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to change the time for observing certain holidays; and for other purposes.

SB 75. By Senators Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act creating the Bibb County Board of Educa tion, so as to change the method of approving appointments by the Board and which strikes the language pertaining to full-time employees having outside jobs; and for other purposes.

SB 88. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Bill to be entitled an Act to amend Chapter 3-7 of the Code of Georgia of 1933, relating to periods of limitation of actions on con tracts; and for other purposes.

SB 97. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savan nah; and for other purposes.

SB 101. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creating a Board of Commissioners, so as to change the method of electing certain members of the Board of Commissioners; and for other purposes.

SB 102. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A Bill to be entitled an Act to amend an Act creating and establishing in DeKalb County districts from which the members of the County

TUESDAY, FEBRUARY 18, 1969

617

Board of Education shall be elected, so as to change the method of electing members of the board; and for other purposes.

SB 104. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act authorizing the Super intendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, so as to authorize the purchase of motor vehicles for political subdivisions in the name of the State; and for other purposes.

SB 106. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act to authorize and direct the Director of the Department of Public Safety to provide for tem porary driver's licenses; and for other purposes.

SB 108. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to be entitled an Act to amend an Act exempting the compen,sation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.

SB 112. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications thereof; and for other purposes.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 156. Do Pass.

HB 272. Do Pass.

Respectfully submitted,

Barber of the 15th,

Chairman.

618

JOURNAL OP THE HOUSE,

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:

Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the following recommendations:
HB 1. Do Pass by substitute.
Respectfully submitted,
Smith of the 3rd,
Chairman

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 138. Do Pass. HB 385. Do Pass.
Respectfully submitted, Harris of the 77th, Chairman

The following minority report was received and read:

Minority report to the Committee Report of the Judiciary Committee recom mending that House Bill No. 138 "do pass".

The undersigned respectfully disagree with the Committee Report for the following reasons:

(l)No criteria were established as to population, etc. which would constitute a guide for present or future requests for additional circuits.

TUESDAY, FEBRUARY 18, 1969

619

(2) The additional cost to the State for such an extra circuit has not been definitely established or projected.
/&/ Carr G. Dodson District 82
/s/ Robin Harris District 77 Chairman, Judiciary Committee
/S/ Billy Lee District 61

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 431. Do Pass.

HB 434. Do Pass.

HB 444. Do Pass.

HB 445. Do Pass.

HB 449. Do Pass.

HB 450. Do Pass.

HB 455. Do Pass.

HB 462. Do Pass.

HR 143-439. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman

Mr. McClatchey of the 113th, 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 295. Do Pass. HB 109. Do Pass by Substitute.
Respectfully submitted, McClatchey of the 113th, Chairman

620

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 431. By Messrs. Melton and Brown of the 32nd:
A Bill to be entitled an Act creating and establishing a small claims court for Spalding County, to be known as the Small Claims Court of Spalding County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 434. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, providing that in counties having a population of not less than 36,000 and not more than 38,000, that any person who fails to return real and personal property for taxes by the deadline shall be deemed to have returned said property at the preceding years' value; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 444. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the board of county commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 18, 1969

621

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 445. By Mrs. Hamilton of the 112th, Messrs. Hood of the 99th, Horton, Felton, Hawes and Gates of the 95th, Adams of the 100th, Carnes of the 104th, Bond of the lllth, Alexander of the 108th and others:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall have certain additional members in certain 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretray thereof.
Mr. Speaker:
The Senate has adopted the following Resolutions of the House, to-wit:

HR 158. By Messrs. Westlake of the 75th, Geisinger and Collins of the 72nd, Sims of the 106th and many others:
A Resolution commending the Order of DeMolay on its 50th Anni versary; and for other purposes.

HR 163. By Messrs. Matthews and Farmer of the 16th and Brooks of the 17th:
A Resolution commending Honorable Vince Dooly and the entire 1968 University of Georgia Football Team; and for other purposes.

HR 164. By Messrs. Peters of the 2nd, Snow, Hale and Crowe of the 1st:
A Resolution commending the members of the Post Volunteer Fire Department of Fort Oglethorpe, Georgia; and for other purposes.

622

JOURNAL OP THE HOUSE,

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 95. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to fix the compensation of the Clerk of the Superior Court of Habersham County; and for other purposes.

The following Senate amendment was read:
The Senate County and Urban Affairs Committee moves to amend House Bill No. 95, as follows:
By adding to the end of Section 2 the following:
"Provided, however, that any person who has served at least four years as Clerk of the Superior Court shall receive a salary of not less than $9,000 per annum, and any such clerk of the Superior Court who has served at least eight years shall receive a salary of not less than $10,000 per annum."

Mr. Gunter of the 6th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 95 was agreed to.

HB 97. By Messrs. Gunter and Moore of the 6th: 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.
The following Senate amendment was read:
The Senate County and Urban Affairs Committee moves to amend House Bill No. 97, as follows:
By striking in Section 2: "6,000"
and inserting in lieu thereof: "7,000",

TUESDAY, FEBRUARY 18, 1969

623

and by adding at the end of Section 2 the following:

"Provided, however, that when any Ordinary of Habersham County has been reelected to a second four-year term, his salary during said second and subsequent terms shall not be less than $8,000 per annum."

And by striking the last sentence in Section 4.

Mr. Gunter of the 6th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 97 was agreed to.

HB 134. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; and for other purposes.

The following Senate amendment was read: Senator Carter moves to amend House Bill No. 134 as follows: By inserting in the title immediately before the phrase and punctuation "; to repeal conflicting laws" the following: "to change the deadline for voter registration", and by adding to the end of quoted Section 14 the following: "No person shall be permitted to register to vote after 12 o'clock noon on the first Monday in November preceding the elec tion."
Mr. Parker of the 46th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The motion prevailed, and the Senate amendment to HB 134 was agreed to.

The following Resolution of the House was read and adopted:

624

JOURNAL OF THE HOUSE,

HR 182. By Mr. Jordan of the 55th:

A RESOLUTION

Calling a joint session for the purpose of presenting a trophy to Joey Vickers; and for other purposes.

WHEREAS, the House of Representatives and the Senate were unable to meet in joint session on February 17, 1969, for the purpose of making a presen tation to Joey Vickers.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEM BLY OF GEORGIA that the Senate and House of Representatives meet in joint
session in the Hall of the House of Representatives at 12:00 o'clock noon, Febru ary 18, 1969, for the purpose of making a presentation to Joey Vickers for being named "Top 4-H Poultry Judge in the United States."

By unanimous consent, HR 182 was ordered immediately transmitted to the Senate.

The following Resolutions of the House were read and adopted:

HR 183. By Messrs. Bennett, Reaves and Barfield of the 71st:
A RESOLUTION
Commending the Valdosta "Marching Cats"; and for other purposes.
WHEREAS, the marvelous band of Valdosta High School, the "Marching Cats", has just recently been named as the Greatest Band in Dixie, in New Orleans, by Mardi Gras officials; and
WHEREAS, the "Marching Cats" on this honor by outplaying nine teen other bands which were the best band from their respective States; and
WHEREAS, the band's director, Frank Butenschon, and the 90 talented and dedicated members thereof will lead the King Rex Parade in New Orleans today; and
WHEREAS, the City of Valdosta residents and the citizens of Georgia have good reason to be proud on this day.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Valdosta "Marching Cats" for their outstanding talents and abilities, and for being named as the Greatest Band in Dixie.

TUESDAY, FEBRUARY 18, 1969

625

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Frank Butenchon, Director, and to Charles H. Green, Principal of Valdosta High School.

HR 184. By Messrs. Smith of the 43rd, Floyd of the 7th, Holder of the 49th, Russell of the 70th, Wamble of the 69th, Brantley of the 52nd and many, many others:
A RESOLUTION
Expressing regret at the passing of Honorable William Harvey Jordan; and for other purposes.
WHEREAS, on December 10, 1968, Honorable William Harvey Jordan, our distinguished colleague from the former 78th House District, passed away; and
WHEREAS, he was a native of Calhoun County and was very prominent in the affairs of his community, having served eight years as the Mayor of the City of Leary, Georgia; and
WHEREAS, while serving in the House of Representatives from 1959 until his passing, he became one of its most respected members; and
WHEREAS, his knowledge of government and the legislative pro cess was of great value to his colleagues in the House of Representatives, and his advice was constantly sought by many members; and
WHEREAS, he was one of Georgia's most outstanding businessmen in banking, farming and other business activities; and
WHEREAS, he is survived by his wife, Mrs. Marjorie McCleland Jordan, his son, Mr. W. Harvey Jordan, Jr., two daughters, Mrs. Jackie Wise and Mrs. C. Z. Webb, and two sisters, Mrs. Carl Venner and Mrs. M. B. Bush.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members thereof do hereby express their deepest regret at the passing of Honorable William Harvey Jordan and do hereby further express their 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 appropri ate copies of this Resolution to Mrs. Marjorie McCleland Jordan, Mr. W. Harvey Jordan, Jr., Mrs. Jackie Wise, Mrs. C. Z. Webb, Mrs. Carl Venner and Mrs. M. B. Bush.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

626

JOURNAL OF THE HOUSE,

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 121. By Senator Coggin of the 35th: A Bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of inter est from 8% per annum to 9% per annum in certain transactions; and for other purposes.
The Senate had adopted the following Resolution of the House, to-wit:

HR 182. By Mr. Jordan of the 55th:
A Resolution calling a joint session for the purpose of presenting a trophy to Joey Vickers, and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Banks and Banking:

SB 121. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Chapter 57-1, relating to interest and usury, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain trans actions; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Banks and Banking:

HB 72. By Messrs. Murphy of the 19th, Gaynor of the 88th, Odom of the 61st, Brown of the 32nd, Harris of the 67th and Dodson of the 82nd:
A Bill to be entitled an Act to amend Code Section 13-2027, relating to the maintenance of reserves by banks, as amended, so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and cer tificates of deposit; to require banks to remit at par; and for other purposes.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

TUESDAY, FEBRUARY 18, 1969

627

HB 303. By Mr. Hale of the 1st:
A Bill to be entitled an Act to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th, Brantley of the 52nd, Parker of the 46th, Parrar of the 77th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of administrations' share of the cost of supporting the Mini mum Foundation Program of Education; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 202. By Mr. Alexander of the 108th: A Bill to be entitled an Act to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to provide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.
The following Committee amendment was read and adopted:

THE COMMITTEE ON EDUCATION MOVES TO AMEND HOUSE BILL 202 AS FOLLOWS:

628

JOURNAL OP THE HOUSE,

By adding to the end of the sentence, which is being added to Code Section 32-910 the words, "within 25 days of the date of the decision".

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 Atherton Barber Barfield Battle Bell Bennett Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E.

Dent Dickinson Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Felton Floyd, L .R. Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Harrington Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Knowles

Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Miles Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Roach Ross Rowland

Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims

TUESDAY, FEBRUARY 18, 1969

629

Smith, J. R. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Townsend

Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles

Those not voting were Messrs.:

Ballard Blalock Caldwell Collier Collins, M. Cook Cooper Dean, N. DeLong Dixon Farmer Farrar Floyd, J. H. Funk Grahl Hale

Hamilton Hargrett Harris, J. F. Harris, J. R. Henderson Johnson Jones, C. M. Jordan, G. Keyton Lambert Lane, W. J. Lewis Mason McCracken McDaniell Milford

Murphy Odom Paris Phillips, G. S. Rainey Reaves Russell Simkins Smith, V. T. Thomason Wamble Whaley Williams Wilson Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 145, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Johnson of the 29th stated that be had been called from the floor of the House when the roll was called on HB 202, as amended, but had be been present would have voted "aye".

Mr. Thomason of the 77th requested that the following statement be recorded in the Journal:

"HB 202 was called for vote while I was attending to important matters off the floor of the House. Had I been able to vote, I would have voted 'aye'. "

HB 121. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide for annual permits on overheight vehicles, etc.; and for other purposes.

630

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Vaughn of District 74, moves to amend HB No. 121 as follows:

1. By amending the caption, by adding after the words "to provide for indemnity bonds" the following language:

"or proof of insurance portection".

2. By striking the last five lines from Section 1 of said bill, which reads as follows:

"on condition of payment of an indemnity bond for $300,000, said bond conditioned for payment to the Highway Department of damages to highway property caused by a vehicle operating under authority of such permit, the liability under the bond to be absolute and not to depend on proof of negligence or fault on the part of the permittee, his agents, or operators.",

and substituting in lieu thereof the following language:

"on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance pro tection conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appurtenances thereto damaged by a vehicle operating under authority of such overweight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his agents, or operators."

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 108, nays 2.

The Bill, having received the requisite constitutional majority, was passed as amended.

HR 74-184. By Mr. McCracken of the 36th:
A Resolution authorizing conveyance of a certain tract of State-owned property; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, FEBRUARY 18, 1969

631

On the adoption of the Resolution, the ayes were 111, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd, Lowrey of the 9th and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for certain inspections of fertil izer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck

Burruss Busbee Caldwell Carnes Gates Cato Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W.

Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gary Gaynor

632
Geisinger Gignilliat Graves Gunter Hadaway Hale Hamilton Hargrett Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Leonard Le vitas Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken Merritt Miles Milford Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts

Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Lee, W. S.

Odoni.

Those not voting were Messrs.:

Barfield Bennett Brown, C. Chandler Daugherty Floyd, J. H. Funk Grahl Harrington

Higginbotham Howell Johnson Jones, C. M. Lambert Lewis Matthews, C. McDaniell Melton

Miller Murphy Paris Pickard Pinkston Simkins Townsend Mr. Speaker

On the passage of the Bill, the ayes were 165, ayes 2.

TUESDAY, FEBRUARY 18, 1969

633

The Bill, having received the requisite constitutional majority, was passed.

HB 118. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. I* Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier

Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Floyd, L. R. Funk, A. J. Gary Gaynor Geisinger Gignilliat Grahl

Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.

634
Leonard Le vitas Lowrey Marcus Mason Matthews, C. Matthews, D. E. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom

JOURNAL OP THE HOUSE,

Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd

Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Brantley, H. H. Collins, M. DeLong Dickinson Dodson Pelton Floyd, J. H.

Hale Hawes Henderson Housley Jordan, G. Knapp Lambert

Lewis Longino McCracken Moate Phillips, G. S. Wilson Mr. Speaker

On the passage of the Bill, the ayes were 172, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 119. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend Section 91-104, Code of Georgia of 1933, relating to the legal and beneficial ownership by the State of the property of the Highway Department, so as to provide that the proceeds of the management of property acquired for future highway purposes are retained by the Highway Department; and for other purposes.

TUESDAY, FEBRUARY 18, 1969

635

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend Code Section 91-104 of the Code of Georgia of 1933, relating to the legal and beneficial ownership by the State of property of certain State Boards so as to provide that the proceeds of the management of property acquired for future highway purposes are retained by the Highway Department; to strike therefrom that portion of Code Section 91-104 relating to the legal and beneficial ownership by the State of property of the several institutions operated by the Board of Regents of the University System; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Code Section 91-104 of the Code of Georgia of 1933 is hereby amended by striking same in its entirety and substituting in lieu there of a new Code Section 91-104 which shall read as follows:
"91-104. The State holds the legal title to and/or is the bene ficial owner of: The several institutions operated by the Board of Control of Eleemosynary Institutions, including all real and per sonal property belonging to the several institutions or used in con nection therewith, and all other property conveyed to said Board for the use of any of said institutions, or conveyed to any of the boards of trustees of which the Board of Control is the successor, or to any of the institutions under its control.
"The rights-of-way of the State Highway System and all buildings, lands, quarries, equipment and other property of the Highway Department, acquired for rights-of-way for construction or maintenance of roads; provided, that any funds from the lease or sale of such property acquired for highway purposes, as such transactions are now or hereafter authorized by law, shall be retained by the Highway Department.
"All lands and other property conveyed to or held by the State Department of Forestry and Geological Department, or its prede cessors, for forestry or park purposes."

SECTION 2
All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

636

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, S. Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J.E. Dean, N. Dent Dixon Douglas Edwards Egan

Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd Funk Gary Gaynor Gei singer Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas

Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims

Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, R.

TUESDAY, FEBRUARY 18, 1969

637

Toles Townsend Vaughn Wamble Ware
Westlake

Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs. :

Bray Collins, M. Colwell Crowe DeLong Dickinson Dodson Dorminy Floyd, J.H.

Hale Henderson Housley Jordan, G. Knapp Lambert Lewis Longino Matthews, D. R.

McCracken Phillips, G. S. Simkins Snow Thompson, A. W. Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Pursuant to HR 182, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of presenting a trophy to Mr. Joey Vickers, recently named "Top 4-H Poultry Judge in the United States".

The Joint Session was called to order by the President of the Senate.

The Resolution providing for the Joint Session was read.

Accompanied by Mr. Joey Vickers and other distinguished guests, His Ex cellency, Governor Lester G. Maddox appeared upon the floor of the House.

The President of the Senate, Lieutenant Governor George T. Smith, presented His Excellency, Governor Lester G. Maddox, who, on behalf of the General Assembly, presented a beautiful trophy to the young Mr. Vickers, expressing his deep appreciation for the fine manner in which the State of Georgia had been represented in Chicago by Mr. Vickers.

Senator Gillis of the 20th moved that the Joint Session be now dissolved, and the motion prevailed.

638

JOURNAL OP THE HOUSE,

The President of the Senate announced the Joint Session dissolved.

The Speaker Pro Tern called the House to order.

The Speaker Pro Tern announced the House recessed until 1:30 o'clock, p.m.

AFTERNOON SESSION The Speaker called the House to order.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 120. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of per sons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
The following amendment was read and adopted:
Mr. Vaughn of the 74th moves to amend HB 120 as follows:
By striking from Section 5 the last sentence and substituting in lieu thereof the following:
"The determination by the department of the amount of any payment and to whom it shall be paid may be appealed as provided by law."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Atherton Barber Battle Bell

Berry Black Bohannon Bond Bostick

Brantley, H. H. Bray Brown, B. D. Brown, C. Buck

Burruss Cato Chandler Cole Collier Collins, M. Colwell Conger Connell Conner Cooper Dailey Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. P.

TUESDAY, FEBRUARY 18, 1969

639

Harris, R. W. Harrison Hawes Henderson Higginbotham Holder Hood Horton Howell Hudson Hutchinson Johnson, B. Joiner Jones, M. Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Le vitas Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moore Morris Nessmith

Pafford Paris Parker, H. W. Patterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Westlake Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M. Wood

Voting in the negative was Mr. Evans.

Those not voting were Messrs.:

Adams Alexander Ballard Barfield Bennett Blalock Bowen Brantley, H. L. Brooks Busbee Caldwell

Carnes
Gates Clarke Collins, M. Cook, R. M. Crowe Daugherty Dean DeLong Dodson Ellis

Fallin Farmer Funk Gaynor Hale Harris, J. R. Hill, B. D. Hill, G. Housley Jones, C. M. Jones, Herb

640
Keen Knapp Lambert Lee, W. S. Leonard Lewis Longino Mason McCracken Miller

JOURNAL OF THE HOUSE,

Moate Mullinax Murphy Nash Northcutt Nunn Odom Parker, C. A. Peters Peterson

Phillips, G. S. Reaves Simkins Smith, V. T. Snow Sweat Ware Whaley Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 129, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 217. By Messrs. Cato of the 68th, Gunter of the 6th, Maxwell of the 78th, Sherman of the 80th, Evans of the 81st, Nunn of the 41st and others:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees of clerks of the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; and for other purposes.

The following substitute, offered by Mr. Cato of the 68th, was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 24-27, relating to clerks of the superior courts, as amended, so as to change the fees of clerks for recording liens, mortgages and deeds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 24-27, relating to clerks of the superior courts, as amended, is hereby amended by striking from Code Section 24-2727 the folowing:
"Recording liens and mortgages and deeds, per 100 words __________.__.._________.__.........................,,..,,_.. .15",
and by substituting in lieu thereof the following:
"Recording liens and mortgages and deeds, containing one grantor and one grantee, per page or fractional part thereof when photostatic or photographic equipment is used __._1.25 and the additional sum of 25 cents per cent additional grantor and grantee.

TUESDAY, FEBRUARY 18, 1969

641

"Recording liens and mortgages and deeds, per 100 words when photostatic or photographic equipment is not used .._..__.___..___._____-______,,_______..__.._.._.___ .15"."

Section 2. Said Code Chapter is further amended by striking Code Section 24-2728 in its entirety and inserting in lieu thereof a new Code Section 24-2728 to read as follows:

"24-2728. Fees of clerks in counties having less than 65,000 population.--The clerks of superior courts in counties whose popu lation is less than 65,000 shall be entitled to charge and collect for the performance by them of the official duties herein designated, the following fees, to wit:

For filing and docketing suits, $3. For copy and issuing process, $3. For each copy after first copy, $1.

For recording liens and mortgages and deeds, contain ing one grantor and one grantee, per page or fractional part thereof when photostatic or photographic equipment is used --_-------__------,,__-------._-_---_~___.________ 1.25

and the additional sum of 25 cents per each additional grantor and grantee.

For recording liens and mortgages and deeds, per 100 words when photostatic or photographic equipment is not used .__________________.__________._____ .25

For recording proceedings in civil cases, for exempli fication of records and similar documents, for recording homestead of personalty, for recording each partition or realty and personalty, for recording motions, for recording and copying proceedings in equitable proceedings and bills of exception to the Supreme Court or Court of Appeals, and for recording or copying any instrument of writing not herein specified, per 100 words, 25 cents.

For each day's service in attendance upon the courts,

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Atherton Ballard Barber Battle Bell Berry Black Blalock Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Cato Chandler Collier Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dent Dixon Dodson Douglas Edwards Egan Evans
Ezzard Farmer Felton

Floyd, J. H. Floyd, L. R. Gary Gignilliat Graves Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Henderson Higginbotham Hill, G. Holder Hood Housley Howell Hutchinson Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. J. Bill) Le vitas Longino Lowrey Marcus Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell McClatchey McDaniell

Melton Merritt Miles Milford Miller Moore Morris Nash Northcutt Nunn Pafford Paris Phillips, L. L. Pickard Pinkston Poole Potts Roach Ross Rush Salem Scarlett Shanahan Shepherd Sherman Smith, J. R. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Townsend Vaughn Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Anderson Bohannon Cole Dorminy

Hadaway Hudson Knowles Patterson

Rowland Scarborough

TUESDAY, FEBRUARY 18, 1969

643

Those not voting were Messrs.:

Alexander Barfield Bennett Bowen Brantley, H. L. Brooks Caldwell Gates Clarke Collins, M. Cook Dean, J. E. Dean, N. DeLong Dickinson Ellis Fallin Farrar Funk

Gaynor Geisinger Grahl Harris, R. W. Harrison Hawes Hill, B. L. Horton Jones, Herb Jordan, G. Lane, W. J. Lee, W. S. Leonard Lewis McCracken Moate Mullinax Murphy Nessmith

Odom Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, W. R. Rainey Reaves Russell Simkins Sims Smith, V. T. Thomason Wamble Ware Westlake Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 127, nays 10.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 378. By Messrs. Henderson of the 117th, Gunter of the 6th, Thompson of the 86th, Clarke of the 33rd, McClatchey of the 113th and others:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit certain activities relating to the use of credit cards; and for other purposes.

The following amendment was read and adopted:
Mr. Thompson of the 86th moves to amend HB 378 as follows:
By inserting in the title after the following: "charge tickets or purchase tickets;", the following
"to provide for other improper uses of a credit card;",
and by adding the following immediately after subsection (b) of Section 26-3304:
"(c) Any person who has been issued or entrusted with a credit card for specifically authorized" purposes, and said person

644

JOURNAL OF THE HOUSE,

uses the said credit card in a manner and for purposes not author ized in order to obtain or purchase money, goods, services or any thing else of value shall be guilty of a misdemeanor and punished
accordingly."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Burruss Carnes Cato Chandler
Cole Collins, M. Collins, S. Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent

Dixon Dodson Dorminy Douglas Edwards Egan Evans Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson, B. Jones, C. M. Jones, M.

Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Miles Milford Moore Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Phillips, L. L.

TUESDAY, FEBRUARY 18, 1969

645

Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rowland Rush Russell Scarborough Scarlett

Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles

Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Bowen Brantley, H. L. Brooks Buck Busbee Caldwell Gates Clarke Collier Colwell Dean, N. DeLong Dickinson

Ellis Ezzard Farmer Gaynor Grahl Hale Harrison Hill, B. L. Joiner Jones, Herb Keyton Lambert Lewis

McCracken Miller Moate Murphy Odom Peters Peterson Phillips, G. S. Rainey Salem Simkins Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 154, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 62-136. By Messrs. Burruss, McDaniell, Wilson, Kreeger, Atherton, Housley and Henderson of the 117th:
A RESOLUTION
Pertaining to Uniform Time; and for other purposes.
WHEREAS, pursuant to the provisions of Section 13 (a) of the "Uniform Time Act of 1966", Public Law 89-387, the State of Georgia is observing "Uniform (Daylight) Time"; and
WHEREAS, pursuant to the provisions of said Act, there were only two states, Arizona and Indiana, within the continental limits of the United States which did not observe Uniform Time in 1968; and

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WHEREAS, after having experienced two years of "Daylight Saving Time" the citizens of the State of Georgia have made known to their elected members of the General Assembly that during the early autumn the advancement of time has caused some inconvenience and dissatisfaction; and

WHEREAS, pursuant to the provisions of the "Uniform Time Act of 1966", the State of Georgia has only the option of observing Uniform (Daylight) Time, or of exempting itself from the provisions of Section 3 (a) thereof and observing what has heretofore been known as Eastern Standard Time; and

WHEREAS, if Georgia exempts itself from the provisions of said Section 3 (a), it can become a "Time Island" thereby creating addi tional inconveniences, confusion and uncertainties for the many com mercial, communications, transportation and branch offices which are located within this state; and

WHEREAS, it is the desire of the citizens of the State of Georgia to relieve themselves of the objectionable feature accompanying the advancement of time during the early weeks of autumn and yet main tain the many obvious advantages found in the observance of time uniformity.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body does hereby urge upon each and every member of the Georgia congressional delegation that he lend his considerable support and energies toward amending the "Uniform Time Act of 1966" to move forward the termination date of advanced time to midnight of Labor Day of each year.

, 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 each and every member of the Georgia congressional delegation.

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 Atherton Ballard Barber

Barfield Battle Bell Bennett Berry Black

Blalock Bohannon Bond Brantley, H. H. Bray Brown, B. D.

Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dodson Dorminy Douglas Egan Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Graves Gunter Hadaway Harrintgon Harris, J. F. Harris, J. R. Harris, R. W. Harrison

TUESDAY, FEBRUARY 18, 1969

647

Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt

Nunn

r

Odom

Pafford

Paris

Parker, C. A.

Parker, H. W.

Patterson

Peters

Peterson

Phillips, L. L.

Phillips, W. R.

Pickard

Pinkston

Pbole

Potts

Reaves

Roach

Ross

Rowland

Rush

Russell

Salem

Scarborough

Scarlett -

Shanahan

Shepherd

Sherman

Sims

Smith, J. R.

Smith, V. T.

Snow

Sorrells

Sweat

Thomason

Thompson, A. W.

Thompson, R.

Toles

Townsend

Vaughn

Wamble

Ware

Westlake

Whaley

Wheeler, Bobby

Wheeler, J. A.

Winkles

Williams

Wilson

Wood

Those voting in the negative were Messrs.: Dickinson and Edwards.

: 648

JOURNAL OP THE HOUSE,

Those not voting were Messrs:

Bostick Bowen Brantley, H. L. Brooks Dean, N. DeLong Dixon Ellis Ezzard

Gaynor Grahl Hale Hamilton Hargrett Hill, B. L. Johnson Jones, Herb Lewis

Marcus McCracken Moate Phillips, G. S. Rainey Simkins Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 289. By Mr. Felton of the 95th:
A Bill to be entitled an Act to attract investment capital and to promote the growth of industry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; and for other purposes.

The following Committee amendment was read and adopted:
The Special Judiciary Committee moves to amend HB 289 as follows:
By inserting in the title immediately before "to provide a separ ability clause," the following: "to provide that this Act shall not be construed to repeal or amend Code Section 57-118, an Act approved March 30,1961 (Ga. Laws 1961, p. 300);"
And by inserting in lieu of Section 5 the following:
"This Act shall not be construed to repeal or amend Code Sec tion 58-118, an Act approved March 30, 1961 (Ga. Laws 1961, p. 300), relating to interest rate which may be paid by certain corporations."
And by inserting a new Section 6 to read as follows:
"Section 6. All laws and parts of laws in conflict with this Act are hereby repealed."

TUESDAY, FEBRUARY 18, 1969

649

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, N. Dodson Dorminy Douglas Edwards Egan

Ellis Evans Ezzard Fallin Farmer Farrar Felton Funk Gary Gaynor Gignilliat Graves Gunter Hadaway Hale Hamilton Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Longino Lowrey

Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell MpQatchey McCracken McDaniell Melton Merritt. Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Paris Patterson Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Reaves Roach Ross Rowland Rush Salem Scarborough Scarlett Shepherd Smith, J. R. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Town send Vaughn

650
Westlake Whaley Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Williams Wilson

Wood

Those voting in the negative 'were Messrs.:

Bowen Collins, S. Dickinson Dixon Ployd, L. R.

Geisinger Hill, G. Jordan, G. Lane, Dick Lee, W. S.

Peters Shanahan Sweat Winkles

Those not voting were Messrs.:

Brantley, H. H. Brooks Buck Connell Davis, W. Dean, J. E. DeLong Dent Floyd, J. H. Grahl Hargrett Harris, J. P.

Harrison Holder Jones, M. Lewis Miller Odom Pafford Parker, C. A. Parker, H. W. Phillips, G. S. Pickard Potts

Rainey Russell Sherman Simkins Sims Smith, V. T. Snow Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 145, nays 14.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 133. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th: A Bill to be entitled an Act to grant a possessory lien in favor of any person, firm or corporation who or which alters or repairs any motor vehicle under certain conditions; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Judiicary moves to amend HB 133 as follows:

TUESDAY, FEBRUARY 18, 1969

651

By striking from Section 1 the following:

"$200.00",

and inserting in lieu thereof the following:

"$100.00",

The following amendment was read and adopted:

Mr. Sweat of the 65th moves to amend HB 133 as follows:

Strike from Section 2, first sentence, the numeral "10" and replacing with the figure "30".

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.

Ballard Barfield Bennett Berry Blalock Bray Cato Conner Crowe Davis, E. T. Dodson Edwards

Evans Pallin Farmer Graves Hadaway Harris, J. R. Higginbotham Housley Keen Lane, W. J. Matthews, C. Mauldin

Those voting in the negative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bell

Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brown, B. D.

Milf ord Mullinax Parker, H. W. Phillips, W. R. Potts Snow Sweat Thompson, A. W. Thompson, R. Ware Westlake
Brown, C. Burruss Busbee Caldwell Carnes Chandler Clarke

652
Cole Collier Collins, M. Collins, S. Conger Connell Cook Cooper Dailey Daugherty Dean, J. E. Dean, N. Dent Dickinson Dixon Dorminy Douglas Egan Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Gunter Hale Harrington Harrison Hawes Hill, B. L.

JOURNAL OF THE HOUSE,

Hill, G. Holder Hood Horton Howell Hudson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keyton Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason Maxwell Melton Miles Miller Morris Nash Nessmith Northcutt Nunn

Patterson Peters Peterson Phillips, L. L. Pinkston Poole Rainey Reaves Ross Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sims Smith, J. R. Smith, V. T. Sorrells Thomason Toles Townsend Vaughn Wamble Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Brantley, H. L. Brooks Buck Gates Colwell Davis, W. DeLong Felton Funk Hamilton Hargrett Harris, J. F. Harris, R. W.

Henderson Hutchinson Jones, M. Knapp Lewis Matthews, D. R. McClatchey McCracken McDaniell Merritt Moate Moore Murphy

Odom Pafford Paris Parker, C. A. Phillips, G. S. Pickard Roach Scarborough Sherman Simkins Mr. Speaker

On the passage of the Bill, as amended, the ayes were 35, nays 121.

TUESDAY, FEBRUARY 18, 1969

653

The Bill, as amended, having failed to receive the requisite constitutional majority was lost.

Mr. Busbee of the 61st 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.

654

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 19, 1969

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. Jimmy R. Swilley, Pastor, Church of God, Bremen, Georgia:
"Our Father God; I come before You in this place in the presence of this august body to plead our sinfulness and ask for forgiveness. How easy we come to the end of ourselves and so realize our utter dependence on You. We know that you have a parental concern for all of your children and we are thankful that we are forever within the pale of Thy concern.
"Knowing that his Nation was founded on spiritual and moral foundations, we give thanks that there still remains a desire in the heart of our people to call upon Thy name and seek to emulate the supreme example of our dear Lord and Saviour Jesus Christ.
"I pray for the Governor of this great State: I pray for the leadership of these Halls of Congress. I pray for every legislative agent associated with the governing of this great people of this great soverign State. How thankful are we that there still remains strong forces of and for freedom in the world and that here in this legislative hall the principles of this freedom are alive and functioning.
"I pray that in your infinite mercy you will provide to each of these men and women who govern us with our permission, strength of purpose: courage to faithfully fullfill their obligations to the people: and a compassion for the needs of our people whose needs are the the concern of us all.
"So direct the minds of this body that through their efforts a better world will emerge for children yet unborn. We would not forget those who have paid the supreme price for our right to be here today as we are, and those who stand between freedom and tyranny in a hundred strange and lonely places even as I pray.
"I ask that you grant us the serenity to accept the things we cannot change: the courage to change the things we can change: and the wisdom to know the difference,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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.

WEDNESDAY, PEBEUARY 19, 1969

655

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 471. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 472. By Mr. Hadaway of the 27th:
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.
Referred to the Committee on Local Affairs.

HB 473. By Messrs. Marcus of the 105th, Holder of the 49th, Wheeler of the 18th, Hudson of the 48th, Sims of the 106th, Geisinger of the 72nd, Keyton of the 70th, Hargrett of the 58th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 109A known as the "Uniform Commercial Code", so as to provide certain exclusions from the implied warranty of fitness for a particular purpose; to provide that certain injections, transfusions, transplantings or transfers shall be considered as medical services; and for other purposes.
Referred to the Committee on Judiciary.

656

JOURNAL OF THE HOUSE,

HB 474. By Messrs. Smith of the 39th and Miller of the 83rd:
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 of obtaining a certificate of registration as a barber; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 475. By Messrs. Graves, Toles and Lowrey of the 9th:
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 powers and duties of the Board of Trustees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 476. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide that the city general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.
Referred to the Committee on Local Affairs.

HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager and of the Rome City Commission with respect to the appointment, discharge and governing of chiefs of fire and police departments by placing these powers under the immediate control of the City Manager; and for other purposes.
Referred to the Committee on Local Affairs.

HB 478. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance companies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 479. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that it shall be unlawful for any law enforcement officer to physically abuse or injure any person when it is unnecessary; to provide penalty; to provide for an in-

WEDNESDAY, FEBRUARY 19, 1969

657

vestigation by the Attorney General; to provide for a cause of action by the victim against the violator and the governmental until employing such violator; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 480. By Messrs. Bostick and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.
Referred to the Committee on Local Affairs.

HB 481. By Messrs. Bostick and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants; and for other purposes.
Referred to the Committee on Local Affairs.

HB 482. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judical Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 483. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing a City Court in the City of Sylvester in Worth County, so as to provide that the judge of said court may engage in the general practice of law in all courts except the City Court of Sylvester; and for other purposes.
Referred to the Committee on Local Affairs.

HB 484. By Messrs. Brown of the 110th, McClatchey of the 113th, Bond of the lllth, Horton of the 95th, Dean of the 76th, Hood of the 99th and others:
A Bill to be entitled an Act entitled "An Act to amend Code Section 114-101, as amended, relating to the definition of 'Employer' and 'Em ployee, for the purposes of Workmen's Compensation . . . ", so as to provide that policemen and firemen in municipalities having a

658

JOURNAL OP THE HOUSE

population of 400,000 or more shall not be included in the term "em ployee"; and for other purposes.
Referred to the Committee on Local Affairs.

HR 185-484. By Mr. Blalock of the 30th:
A Resolution compensating State Farm Mutual Fire and Casualty Insurance Company; and for other purposes.
Referred to the Committee on Appropriations.

HR 186-484. By Mr. Blalock of the 30th:
A Resolution compensating John William Watts, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HB 485. By Messrs. Chandler of the 34th, Dailey of the 53rd, Potts of the 30th, Black of the 45th, Rush of the 51st and others:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to change the provisions relating to the extension of the limits of the place of confinement of certain prisoners; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 486. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employment of deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 487. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the board of roads and revenues of Jefferson County . . . ", so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HR 187-487. By Messrs. Brown of the 110th, Horton of the 95th, Bond of the lllth, Cook of the 95th, Marcus of the 105th, Sims of the 106th and others:
A Reslution proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000

WEDNESDAY, FEBRUARY 19, 1969

659

to remove or demolish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expenditures shall be established as liens against the properties involved; and for other purposes.
Referred to the Committee on Local Affairs.

HB 488. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act prohibiting the manu facture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.
Referred to the Committee on State of Republic.

HB 489. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 490. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation and/or salaries of the elective county of ficials of DeKalb County, including the ordinary, clerk of the Superior Court, sheriff and tax commissioner, so as to change the compensation of the above named officers; and for other purposes.
Referred to the Committee on Local Affairs:

HR 188-490. By Mr. Shanahan of the 8th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 491. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to desig nate one of its members to perform additional duties and to be com pensated therefor; and for other purposes.
Referred to the Committee on Local Affairs.

660

JOURNAL OF THE HOUSE,

HB 492. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 493. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.
Referred to the Committee on Local Affairs.

HB 494. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), so as to change the salary of said Commissioner; and for other purposes.
Referred to the Committee on Local Affairs:

HB 495. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to abolish the present mode of compen sating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 496. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 497. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 498. By Messrs. Bennett of the 71st, Bostick of the 63rd, Lee of the 61st, Gates of the 95th, Rowland and Douglas of the 42nd, Shanahan of the 8th, Nunn of the 41st, Hale of the 1st and Harris of the 67th.
A Bill to be entitled an Act to provide that the validity of a judg ment rendered in any divorce proceeding may not be contested or

WEDNESDAY, FEBRUARY 19, 1969

661

challenged after three years from the rendition of the final judgment therein, except upon the grounds that the judgment complained of was procured as a result of fraud; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th, Hawes of the 95th, Chandler of the 34th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as "Georgia Build ing Authority Act" (formerly known as the "State Office, Building Au thority Act"), so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 500. Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swainsboro; and for other purposes.
Referred to the Committee on Local Affairs.

HB 501. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Emanuel County, so as to pro vide for four-year terms for the members of the board; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 467. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend Title 7 of the Code of Georgia of 1933, relating to common law and statutory arbitration, so as to estab lish a Uniform Arbitration Law in the State of Georgia, to provide for the expeditious settlement of controversies by voluntary arbitration; and for other purposes.

HB 468. By Messrs. Lane of the 101st and Adams of the 100th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system of personnel administration for State em ployees, so as to provide a procedure whereby certain groups of em-

662

JOURNAL OF THE HOUSE,

ployees of any department or agency, who have not heretofore been included under the merit system of personnel administration, may be come included under said system; and for other purposes.

HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th, Simkins, Maxwell and Miles of the 78th:
A Bill to be entitled an Act to authorize the governing- authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; and for other purposes.

HB 470. By Messrs. Matthews of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to regulate the custom application of pesticides for hire or compensation; and for other purposes.

HR 181-470. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th:
A Resolution expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and tele vision; and for other purposes.

SB 121. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Chapter 57-1, relating to interest and usury, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain trans actions; and for other purposes.

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 fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 76. Do Pass by Substitute. Respectfully submitted, Floyd of the 7th, Chairman.
Mr. Murphy of the 19th, Chairman of the Committee on Banks and Bank ing, submitted the following report:

WEDNESDAY, FEBRUARY 19, 1969

663

Mr. Speaker:

Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me as chairman to report the same back to the House with the following recommendations:
HB 413. Do Pass as Amended. HB 304. Do Pass. SB 50. Do Pass. SB 121. Do Pass.
Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, sub mitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB 436. Do Pass as Amended.

HB 437. Do Pass as Amended.

HR 51-125. Do Not Pass.

HR 90-222. Do Pass.

HR 144-444. Do Pass.

SR

31. Do Pass.

SR

14. Do Pass.

HR 172. Do Pass.

Respectfully submitted,

Vaughn of the 74th,

Chairman.

Mr. Lee of the 21st, Chairman of the Committee on Industrial Relations, submitted the following report:

664

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 26. Do Pass by Substitute. HB 51. Do Pass. HB 135. Do Pass as Amended. HB 136. Do Pass. HB 447. Do Pass.
Respectfully submitted, Lee of the 21st, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations.

HB 275. Do Pass.

HB 351. HB 379. HB 419. HB 420. HB 421. HB 422. HB 423. HB 424.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

HB 425. Do Pass. HB 427. Do Pass. HB 430. Do Pass.

HB 439. Do Pass. HB 381. Do Pass.

HB 432. Do Pass.

Respectfully submitted,

Clarke of the 22rd,

Chairman.

WEDNESDAY, FEBRUARY 19, 1969

665

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 349. Do Pass. HB 60. Do Pass. HB 409. Do Pass. HB 418. Do Pass. HB 288. Do Pass by Substitute. HB 218. Do Pass by Substitute.
Respectfully submitted, Williams of the llth, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 103. Do Pass. HB 104. Do Pass by Substitute. HB 333. Do Pass as Amended.
Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Levitas of the 77th requested that the following Resolution of the House be placed upon the General Calendar for the purpose of considering the adverse report of the Committee on Highways thereto:

HR 51-125. By Messrs. Levitas of the 77th, Egan of the 116th, Lee of the 61st, Jones of the 84th and others:
A Resolution proposing an amendment to the Constitution, so as to delete therefrom the allocation of the proceeds of the motor fuel tax

666

JOURNAL OF THE HOUSE,

for the purpose of providing and maintaining a system of public roads and bridges; and for other purposes.

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 275. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, so as to change the compensation of the clerk serving the office of the com missioner of roads and revenues for Cherokee County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 351. By Messrs. Longino of the 98th, Ware, Mullinax, Potts and Blalock of the 30th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties, so as to pro vide that the Mayor appoint a recorder, to establish such recorders powers and duties and to provide for a recorders compensation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed
HB 379. By Mr. Bowen of the 47th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to

WEDNESDAY, FEBRUARY 19, 1969

667

change the compensation which may be paid to the deputy sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 419. By Messrs. Phillips and Johnson of the 29th:
A Bill to be entitled an Act to authorize the governing authorities of certain counties to make payments toward the cost of office expenses of the Judges of certain Superior Courts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 420. By Messrs. Matthews, Bostick and Pallin of the 63rd: A Bill to bo entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system, so as to change the provisions relating to 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 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 421. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary and tax

668

JOURNAL OF THE HOUSE,

commissioner of Cook County from the fee system, so as to change the provisions relating to the compensation of said 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 109, nays 0.

The Bill, having received the requisite constitutional majority, as passed.

HB 422. By Messrs. Matthews, Bostick and Fallin of the 63rd: A Bill to be entitled an Act to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective coun ties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and con veyances of such property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 423. By Messrs. Matthews, Bostick and Fallin of the 63rd: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other 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 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 19, 1969

669

HB 424. By Mr. Poole of the 10th:
A Bill to be entitled an Act to authorize the creation of water, sewer age, garbage, gas or fire protection districts within Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 425. By Mr. Poole of the 10th:
A Bill to be entitled an Act to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 427. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomson, so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

670

JOURNAL OF THE HOUSE,

HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th, Battle of the 90th, Hill of the 94th and Funk of the 92nd:
A Bill to be entitled an Act to amend an Act incorporating and cre ating a new charter for the City of Port Wentworth, so as to au thorize the governing- authority of Port Wentworth to sell that portion of a public street, known as Commonwealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U.S. Coastal Highway 17, to any person, firm or corporation for such consideration as the governing authority shall deem best; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 439. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd.
A Bill to be entitled an Act to amend an Act creating a new charter of the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 19, 1969

671

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 450. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to authorize the governing authority of Habersham County to establish special fire protection districts through out the county and to levy taxes upon the taxable property therein for the purposes of constructing, obtaining and maintaining fire protec tion facilities therefor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 455. By Messrs. Lane of the 101st, Adams of the 100th, Hawes of the 95th, Levitas of the 77th, and Longino of the 98th:
A Bill to be entitled an Act to provide that owners of single family residential real property which is located within the corporate limits of two or more municipalities and such municipalities are located with in certain counties of this State shall have the right to select the mu nicipality which shall annex their property under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th:
A Bill to be entitled an Act to change the terms of the Superior Courts of Piedmont Judicial Circuit; and for other purposes.

672

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 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 143-439. By Messrs. Atherton, McDaniell, Burruss, Wilson, Kreeger and Henderson of the 117th:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution to provide that no additional bonds shall ever be hereafter issued pursuant to said amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H.R. 193-475, Georgia Laws 1965, p. 680 et. seq. and ratified at the General Election held on November 8, 1966) and to preserve and protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment; to authorize the City of Marietta to incur an addi tional indebtedness for school purposes and evidence same by the is suance of its general obligation school bonds in an amount not to ex ceed seven per centum (7%) of all property within said city subject to taxation for bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution and the annual seven (7) mill tax limitation imposed by an amendment to Article VII, Section VII, Paragraph I of the Constitution; to authorize the City to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"No additional school bonds shall ever be hereafter issued pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H.R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966). It is further expressly provided, however, that anything in this amendment to the contrary notwithstanding nothing herein contained shall be construed as adversely affecting the rights and interests of the owners or holders of bonds here-

WEDNESDAY, FEBRUARY 19, 1969

673

tofore issued pursuant to said amendment, which rights and in terests and said bondholders are hereby expressly preserved and protected and the governing body of the City of Marietta is re quired to levy and shall levy to the extent necessary an annual tax not to exceed seven (7) mills to pay the principal of and interest on said school bonds heretofore issued pursuant to said amendment as same mature.

Anything in this Constitution to the contrary notwithstanding the City of Marietta, located in Cobb County, Georgia, is hereby
authorized to incur an additional indebtedness for school purposes and evidence same by the issuance, from time to time, of its direct general obligation school bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the City subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now im posed by Article VII, Section VII, Paragraph I of the Constitution and the annual seven (7) mill tax limitation imposed by the amend ment to Article VII, Section VII, Paragraph I of the State of Georgia (H.R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966). Noth ing herein contained shall limit or otherwise affect the amount of bonds the City of Marietta may issue under said Article VII, Sec tion VII, Paragraph I of the Constitution for other purposes. Said City is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as they mature. The issuance or non-issuance of said school bonds shall be submitted to the registered, qualified voters of the City for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon the City of Marietta under the Constitution and laws of the State of Georgia. This amendment is self-enacting and does not require any enabling; legislation for it to become effective; provided, however, the Gen eral Assembly may by law grant further and additional powers to the City not inconsistent with the provisions of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been 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:

674

JOURNAL OP THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to provide that no additional school bonds shall ever be here after issued pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H.R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Elec-
NO ( ) tion held on Nevember 8, 1966) and to preserve and
protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment and to authorize the City of Marietta to issue its general obligation school bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purpose, which debt limitation shall be in addition to the seven per centum (7%) debt limita tion now imposed by this Constitution and the annual seven (7) mill tax limitation imposed by an amend ment to Article VII, Section VII, Paragraph I of the Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature."

All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting YES as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting NO as to the question propounded.

If such amendment shall be ratified as provided in Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall be come a part of the Constitution of this State. The returns of the elecion 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 Atherton Ballard Barber

Battle Bell Berry Black Blalock Bohannon

Bond Bo stick Bowen Brantley, H. L. Bray Brown, B. D.

Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N DeLong, L. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Gignilliat Grahl Graves Gunter Hamilton Hargrett

WEDNESDAY, FEBRUARY 19, 1969

675

Harrington Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, C. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Lowrey Marcus Mason Matthews, C. Maxwell McDaniell Melton Merritt Miles Miller Moate Moore Morris Mullinax

Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Sherman Simkins
Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R, Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

Voting negative was Mr. M. Collins.

Those not voting were Messrs.:

Barfield Bennett Brantley, H. H. Brooks

Caldwell Collier Collins, S. Cook

Cooper Funk
Gary Geisinger

676
Hadaway Hale Harris, J. F. Harris, J. R. Hood Lee, W. J. (Bill) Lewis Longino

JOURNAL OF THE HOUSE,

Matthews, D. R. Mauldin McClatchey MeCracken Milford Murphy Paris Patterson

Peterson Phillips, G. S. Reaves Shanahan Shepherd Vaughn Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 156, nays 1.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 90. By Senators Cox of the 21st and Walling of the 42nd: A bill to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the System; to provide for an effective date; to repeal conflicting laws; and for other
1 purposes.
SB 92. By Senator Miller of the 43rd: A bill to amend an Act entitled "Uniform Act Regulating Traffic on the Highways", so as to make certain changes in relating to matters per taining to the operation of vehicles while under the influence of intoxi cating liquors or drugs, etc.; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 90. By Senators Cox of the 21st and Walling of the 42nd: A Bill to be entitled an Act to provide for a Georgia Scenic Rivers Sys tem; to designate rivers or sections of rivers to be studied for inclusion in the System; and for other purposes.
Referred to the Committee on University System of Georgia.

WEDNESDAY, FEBRUARY 19, 1969

677

SB 92. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to make certain changes in relating to matters pertaining to the operation of vehicles while under the influence of intoxicating liquors or drugs, etc.; and for other pur poses.
Referred to the Committee on Motor Vehicles.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard
Barber Barfield
Battle Bell
Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Buck Burruss Busbee Caldwell
Games Gates
Cato Chandler
Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey

Daugherty Davis, E. T. Davis, W. Dean, N.
DeLong Dent
Dickinson Dixon
Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, L. R.

678
Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hamilton Hargrett Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger

JOURNAL OP THE HOUSE,

Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lowrey Marcus Mason Mauldin Maxwell McClatchey Melton Merritt Miles Milford Miller Moate Morris Mullinax Nash Northcutt Nunn Pafford Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole

Potts Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Sherman Simkins Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler J. A. Winkles Williams Wood

Those not voting were Messrs.:

Anderson Bowen Brooks Cook Dean, J. E. Farmer Floyd, J. H. Grahl Hadaway Hale Harris, J. R. Harrison

Hood Howell Jones, Herb Lewis Longino Matthews, C. Matthews, D. R. McCracken McDaniell Moore,
Murphy Nessmith

Odom Paris Parker, C. A. Peterson Phillips, G. S. Pickard Rainey Reaves Shepherd Smith, J. R. Wilson Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 19, 1969

679

HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th, Lane of the 101st, Marcus of the 105th, Felton of the 95th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Barfield Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Conner Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham

Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Mauldin McClatchey McDaniell Melton Merritt Milford Miller Moate Moore Morris Mullinax

680
Nash Nessmith Northcutt Nunn Pafford Parker, C. A. Patterson Peters Peterson Phillips, L. L. Pickard Pinkston Poole

JOURNAL OF THE HOUSE,

Potts Rainey Reaves Roach Ross Rush Salem Scarborough Scarlett Shepherd Sims Smith, V. T. Snow

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Ware Whaley Wheeler, J. A. Winkles Williams Wilson

Those voting in the negative were Messrs.:

Parker, H. W. Phillips, W. R.

Rowland Russell

Wamble

Those not voting were Messrs.:

Battle Bray Brooks Caldwell Coiling, M. Connell Cook Cooper Dean, N. DeLong Dent Gignilliat Hale

Howell Johnson Jones, Herb Keyton Knowles Lewis Longino Matthews, C. Matthews, D. R, Maxwell McCracken Miles Murphy

Odom Paris Phillips, G. S. Shanahan Sherman Simkins Smith, J. R. Vaughn Westlake Wheeler, Bobby Wood Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 5.

The Bill, having received the requisite constitutional majority, was passed.

HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to provide for the education and rehabilita tion of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; 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.

WEDNESDAY, FEBRUARY 19, 1969

681

On the passage of the Bill, the ayes were 113, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 89. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to credi tors of her husband to extinguish his debt; and for other purposes.
The following substitute, offered by Mr. Hale of the 1st, was read and adopted:
A BILL
To be entitled an Act To amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to prohibit the wife from binding that portion of her separate estate which is composed of tangible personal property by a contract of suretyship and the assumption of the debts of her husband; to provide that the sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, is hereby amended by striking from the second sentence thereof the following:
"; but while the wife may contract, she may not bind her separate estate by any contract of suretyship nor by any assumption of the debts of her husband, and any sale of her separate estate, made to a creditor of her husband in exinguishment of his debts, shall be absolutely void",
and by substituting in lieu thereof the following:
"The wife not bind that portion of her separate estate which is composed of tangible personal property by any contract of sure tyship or by any assumption of the debts of her husband. The sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void.",

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JOURNAL OF THE HOUSE,

so that when so amendend Code Section 53-503 shall read as follows:

"53-503. Wife feme sole as to her separate estate; binding separate estate.--The wife is a feme sole as to her separate estate, unless controlled by the settlement. Every restriction upon her power in it must be complied with. The wife may not bind that portion of her separate estate which is composed of tangible per sonal property by any contract of suretyship or by any assumption of the debts of her husband. The sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void."

SECTION 2
All laws and parts of laws in conflict with this Act are hereby re pealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games

Gates Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis

Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes

WEDNESDAY, FEBRUARY 19, 1969

683

Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus

Mason Mauldin McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate Moore Morris Mullinax Nash Nes smith Northcutt Nunn Pafford Paris Parker, H. W. Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach

Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Voting negative was Mr. W. S. Lee.

Those not voting were Messrs.:

Alexander Bond Brooks Clarke Connell Daughtery Dean, J. E. DeLong Dent

Geisinger Henderson Lewis Longino Matthews, C. Matthews, D. R. Maxwell Miles Murphy

Odom Parker, C. A. Peters Peterson Sherman Simkins Westlake Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Lane of the 101st arose to a point of personal privilege and addressed the House.

684

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th.

A BILL

To be entitled an Act To provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes pro vided for herein; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appropri ated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations here tofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.

Section 1. Legislative Branch 1968-69 ._________________________________$2,900,000.00

Section 2. Comptroller General 1968-69 _.._____.__.___________________$ 75,708.00

Section 3. Department of Industry and Trade 1968-69 _______________________________$ 173,100.00

Section 4. Secretary of State-1--Combined Divisions 1968-69 ______________________.____,,$ 42,250.00

Section 5. Department of Agriculture 1968-69 ________________________________$1,000,000.00

Section

6. Department of Mines, Mining and Geology--Surface Mined Land Use Board
1968-69 ________________________________._.^$

25,500.00

Section 7. North Georgia Mountains Commission 1968-69 __________________________________$ 35,400.00

Section 8. State Board of Corrections 1968-69 ______________________________$ 100,000.00

WEDNESDAY, FEBRUARY 19, 1969

685

Section 9. State Board of Education-- Department of Education
1968-69 ...,,_._:...._._.._......._._.__._____._,,$ 769,994.00

Section 10. Highway Department Capital Outlay-- Airport Development
1968-69 .______...___....._.._..__.__.........._.$ 446,364.00

Section 11. Governor's Emergency Fund 1968-69 _.___.____.___.__..._...___-______$l,350.000.00

Section 12. 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 Sup plemental Budget Report submitted to the General As sembly at the regular January, 1969 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects and pro grams subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an ap propriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be trans ferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to con sider said transfers. This section shall apply to all funds of each budget until from whatever source derived. The State Auditor shall make an annual report to the Ap propriations Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which the expenditures of any department, bureau, board, com mission, institution, 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 recom mendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allo cate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 13. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the fore going sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the

686

JOURNAL OF THE HOUSE,

Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other consti tutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State.

Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obli gation of the State.

TOTAL APPROPRIATION 1968-69___.__^________^$6,918,316.00

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB 76.

The Committee of the Whole arose and through its Chairman reported HB 76 back to the House with the recommendation that the same Do Pass, by substitute.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appro priated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations here-

WEDNESDAY, FEBRUARY 19, 1969

687

tofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.

Section 1. Legislative Branch 1968-69 ......___...._.._.....__...___..__...__.._..._...._$2,500,000.00

Provided that the objects in the Budget Report shall be changed to read as follows:

Personal Services -.___-..-.__-.-__.-._.-.__..-.-.__-..____._____._._$ 900,000.00 Operating Expenses __..__...._....____._.......__._..__..__$1,400,000.00

Section 2. Comptroller General 1968-69 _-..___..___.....,,.,,.-.__...___.,,.__,,.,,_,,..__,,_$ 75,708.00

Section 3. Department of Industry and Trade 1968-69 _-...__..._,,_..___.._.__..__...,,_.__......__.$173,100.00

Section 4. Secretary of State--Combined Divisions
1968-69 __..__,,.____.___-__,,._________________,,$

42,250.00

Section 5. Department of Agriculture 1968-69 .____-____-__-___________.____$1,000,000.00

Section 6. Game and Fish Commission 1968-69 _.-_.__,,______.______._.....__$ 20,000.00

Provided that the above amount is appropriated to the Game and Fish Commission to be placed in operating ex penses for the purpose of paying Workmen's Compensation benefits.
Section 7. North Georgia Mountains Commission
1968-69 ___._..___-.___._______....__..___.$ 35,400.00

Section 8. State Board of Corrections 1968-69 ._.__.._........_...__-..-_--_-_-__._$ 100,000.00

Section 9. State Board of Education-- Department of Education
1968-69 ,,_____.____._..____...__.._..__._______$ 769,994.00

Section 10. Highway Department Capital Outlay-- Airport Development
1968-69 ___________________._._...__._..$ 446,364.00

688

JOURNAL OF THE HOUSE,

Section 11. Governor's Emergency Fund
1968-69 ___.___.______.._____.._.__....__-^$1,350,000.00
Section 12. 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 Supple mental Budget Report submitted to the General Assembly at the regular January, 1969 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers with in a budget unit between objects and programs subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new pro gram or activity not currently having an 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 Subcommittees of the Senate and House of Representatives in a meeting called to consider said trans fers. This section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any de partment, bureau, board, commission, institution, 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 ex penditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 13. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the fore going sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other consti tutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).
The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State.
Provided, further, the Budget Bureau is hereby di rected to economize wherever possible and in the event any

WEDNESDAY, FEBRUARY 19, 1969

689

part of the appropriations provided in the foregoing sec tions of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION 1968-69 _^^___.___.__..___.$6,512,816.00

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

Section 15. 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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bo stick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato

Chandler Cole Collier Coiling, M. Collins, S. Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Howell Hudson

690
Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, C. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell

JOURNAL OF THE HOUSE,

Melton Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach

Ross Rowland Rush Russell
Salem Scarborough Scarlett Shanahan Shepherd Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Anderson Clarke Colwell Connell DeLong Dent Egan

Fallin Hargrett Jones, C. M. Longino Maxwell Miles Northcutt

Pinkston Sherman Simkins Townsend Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 174, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 76 was ordered immediately transmitted to the Senate.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 19, 1969

691

HB 270. By Messrs. Bray of the 31st, McClatchey of the 113th, Thompson of the 85th and Westlake of the 75th:
A Bill to be entitled an Act to amend Code Chapter 67-20, relating to Mechanics' and Materialmen's Liens, as amended, so as to restate the provisions in said Code Chapter as they presently exist, but to rectify an error in the Act approved March 9, 1956, in which all references to registered architects, land surveyors and professional engineers were erroneously left out; and for other purposes.

Mr. McClatchey of the 113th asked unanimous consent that HB 270 be re committed to the Committee on Special Judiciary for further study.
The consent was granted, and HB 270 was recommitted.
HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide the amount of funds needed for vocational schools; 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 122, nays O.
The Bill, having received the requisite constitutional majority, was passed.
HB 385. By Messrs. Busbee of the 61st and Harris of the 77th: A Bill to be entitled an Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar

Felton Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Grahl
Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Melton

Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rowland Rush Russell Scarborough Scarlett Shepherd Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

WEDNESDAY, FEBRUARY 19, 1969

693

Those not voting were Messrs.:

Barfield Bennett Brantley, H. H. Carnes Clarke Collins, M. Connell DeLong Dent Ployd, J. H.

Hale Harrison Hawes Hudson Lambert Longino Matthews, D. R. Maxwell Miles Northcutt

Parker, C. A. Pickard Ross Salem Shanahan Sherman Simkins Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 186. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act establishing the "Em ployees' Retirement System of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the "Employees' Retirement System of Georgia", shall be as a mat ter of right entitled to continue his membership in said system; and for other purposes.
The following Committee amendment was read and adopted:

The House Special Judiciary Committee moves to amend House Bill 186 as follows:
By striking from the quoted Subsection (13) the following:
"Employee contributions of members referred to in this sub section shall be deducted by the State Treasurer from the compen sation paid by the State to such members and to remit same to the 'Employees Retirement System of Georgia'.
The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise made available for the operation of the Judicial Branch of Government of this State the required employer contributions as such contributions relate to compensation paid by the State and to remit same to the 'Employees Retirement System of Georgia'.",

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JOURNAL OP THE HOUSE,

and inserting in lieu thereof the following:
"Employee contributions, including contributions for retirement allowances, survivors benefits and Social Security coverage, of members referred to in this subsection shall be deducted by the State Treasurer from the compensation paid by the State to such members and to remit same to the 'Employees Retirement System of Georgia'.
The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise made available for the operation of the Judicial Branch of Government of this State the required employer contributions, including contributions for re tirement allowances, survivors benefits and Social Security cover age, as such contributions relate to compensation paid by the State and to remit same to the 'Employees Retirement System of Geor gia'."

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.

Alexander Atherton Ballard Barber Battle Bell Berry Black Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.
Brown, C. Buck Burruss Busbee Caldwell Carnes
Gates Cato Chandler Clarke Cole Collins, M.

Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hamilton Hargrett Harrington Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M.

WEDNESDAY, FEBRUARY 19, 1969

695

Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin, A. T. Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford

Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland

Rush Russell Salem Shanahan Shepherd Sherman Simkins
Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Adams

Lane, Dick

Winkles

Those not voting were Messrs.:

Anderson Barfield Bennett Bohannon Collier DeLong Felton Gunter

Hadaway Hale Harris, J. F. Harris, J. R. Hawes Longino Matthews, D. R. Miller

Moore Pafford Scarborough Scarlett Smith, V. T. Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, February 20, 1969

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 L. Selman, Sr., Pastor, First Baptist Church, Cuthbert, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative i'day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of

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697

Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 503. By Messrs. Kreeger, Atherton, Wilson, Housley, Burruss and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 504. By Messrs. Kreeger, Housley, Atherton, Burruss, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to provide for the compensation of the Judge of the Cobb County Juvenile Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th:
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 amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 506. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 507. By Mr. Matthews of the 63rd: A bill to be entitled an Act to be known as the "Georgia Equine Act"; and for other purposes.
Referred to the Committee on Agriculture.
HB 508. By Messrs. Kreeger, Wilson, Atherton, Housley and Henderson of the 117th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of

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tax commissioner of Cobb County, so as to change the compensation of the tax commissioner and the cheif clerk of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 509. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating emeritus offices for State House Officials, so as to provide that in the event any per son shall become eligible for appointment or shall have been appointed to an emeritus office or emeritus status as provided in said Act, his right to appointment to such emeritus office or emeritus status or to continue to hold such appointment and to draw salaries fixed therefor shall be suspended; and for other purposes.
Referred to the Committee on State of Republic.

HB 510. By Messrs. DeLong and Sherman of the 80th, Miles, Maxwell and Simkins of the 78th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th the member of which shall be elected from the 121st militia district be ginning with the election in 1969, to a four-year term; and for other purposes.
Referred to the Committee on Local Affairs.

HB 511. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to provide a summary procedure for short term leasing of State lands and waterbottoms for mining, dredging or other wise removing sand, clay, muck, silt or minerals associated therewith solely for fill material on land owned or otherwise controlled by the prospective lessee of the State; and for other purposes.
Referred to the Committee on Natural Resources.

HB 512. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 513. By Mr. Matthews of the 63rd:
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

THURSDAY, FEBRUARY 20, 1969

699

as to change the restrictions relating to the location of businesses for which licenses are issued under the Act; and for other purposes.
Referred to the Committee on Temperance.

HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th and Cook of the 95th:
A Bill to be entitled an Act to require safe construction and installation of boilers and pressure vessels; to provide for the safety of persons and property; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 515. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Cook of the 95th, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to set the procedure for naming Judge pro tern of the City Court: and for other purposes.
Referred to the Committee on Local Affairs.

HB 516. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.
Referred to the Committee on Local Affairs.

HB 517. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to authorize the creation of water, sewer age, garbage, electricity, gas or fire protection districts within Whitfield County by the governing authority of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 518. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to change the terms of the Superior Court of Oglethorpe County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 519. By Messrs. Graves, Toles and Lowrey of the 9th, Wood of the llth and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the

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issuance of license tags to certain other disabled veterans; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th.
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary to provide said salary shall be paid; and for other purposes.
Referred to the Committee on Local Affairs.

HR 189-520. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss and Henderson of the 117th:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 521. By Messrs. Bond of the lllth, Brown of the 110th, Alexander of the 108th, Horton and Cates of the 95th, Hood of the 99th and others:
A Bill to be entitled an Act to provide for the suspension of the duty to pay for dwellings certified to be unfit for human habitation in all municipalities of this State having a population of not less than 400,000; and for other purposes.
Referred to the Committee on Local Affairs.

HB 522. By Messrs. Collins of the 72nd and Davis of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change the definition of the word "agency" by deleting therefrom certain boards, commissions, de partments and other agencies which are presently exempt from the provisions of said Act so that said boards, commissions, departments and other agencies shall be covered by the provisions of said Act; and for other purposes.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 471. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.

THURSDAY, FEBRUARY 20, 1969

701

HB 472. By Mr. Hadaway of the 27th:
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.

HB 473. By Messrs. Marcus of the 105th, Holder of the 49th, Wheeler of the 18th, Hudson of the 48th, Sims of the 106th, Geisinger of the 72nd, Keyton of the 70th, Hargrett of the 58th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 109A known as the "Uniform Commercial Code", so as to provide certain exclusions from the implied warranty of fitness for a particular purpose; to provide that certain injections, transfusions, transplantings or transfers shall be considered as medical services; and for other purposes.

HB 474. By Messrs. Smith of the 39th and Miller of the 83rd:
A Bill to be entitled an Act to amend Code Chapter 84-4 relating to barbers and manicurists, barbershops, barber schools and barber col leges, and creating a Georgia State Board of Barbers, so as to change the qualifications of obtaining a certificate of registration as a barber; and for other purposes.

HB 475. By Messrs. Graves, Toles and Lowrey of the 9th:
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 powers and duties of the Board of Trustees; and for other purposes.

HB 476. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide that the city general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.

HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager and of the Rome City Commission with respect to the ap pointment, discharge and governing of chiefs of fire and police depart ments by placing these powers under the immediate control of the City Manager; and for other purposes.

HB 478. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be

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invested subject to the restrictions placed upon investments of domestic life insurance companies; and for other purposes.

HB 479. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to provide that it shall be unlawful for any law enforcement officer to physically abuse or injure any person when it is unnecessary; to provide penalty; to provide for an investigation by the Attorney General; to provide for a cause of action by the victim against the violator and the governmental unit employing such violator; and for other purposes.

HB 480. By Messrs. Bostick and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.

HB 481. By Messrs. Bostick and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compen sation to be paid deputies, jailers, clerks and assistants; and for other purposes.

HB 482. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; and for other purposes.
HB 483. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing a City Court in the City of Sylvester in Worth County, so as to provide that the judge of said court may engage in the general practice of law in all courts except the City Court of Sylvester; and for other purposes.
HB 484. By Messrs. Brown of the 110th, McClatchey of the 113th, Bond of the lllth, Horton of the 95th, Dean of the 76th, Hood of the 99th and others:
A Bill to be entitled an Act entitled "An Act to amend Code Section 114-101, as amended, relating to the definition of 'Employer' and 'Employee' for the purposes of Workmen's Compensation . . .", so as to provide that policemen and firemen in municipalities having a popu lation of 400,000 or more shall not be included in the term "employee"; and for other purposes.

THURSDAY, FEBRUARY 20, 1969

703

HR 185-484. By Mr. Blalock of the 30th:
A Resolution compensating1 State Farm Mutual Fire and Casualty Insurance Company; and for other purposes.

HR 186-484. By Mr. Blalock of the 30th:
A Resolution compensating John William Watts, Jr., and for other purposes.

HB 485. By Messrs. Chandler of the 34th, Dailey of the 53rd, Potts of the 30th, Black of the 45th, Rush of the 51st and others:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to change the provisions relating to the extension of the limits of the place of confinement of certain prisoners; and for other purposes.

HB 486. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employment of deputies; and for other purposes.

HB 487. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the board of roads and revenues of Jefferson County . . .", so as to change the compensation of the commissioners; and for other purposes.

HR 187-487. By Messrs. Brown of the 110th, Horton of the 95th, Bond of the lllth, Cook of the 95th, Marcus of the 105th, Sims of the 106th and others:
A Resolution proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000 to remove or demolish, close and clear the premises of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expenditures shall be established as liens against the properties involved; and for other purposes.

HB 488. By Messrs. Edward and Black of the 45th:
A Bill to be entitled an Act to amend an Act prohibiting the manufac ture, sale, possession and discharge of fireworks, so as to permit the

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manufacture, sale, possession, storage and distribution of certain fire works under certain conditions; and for other purposes.

HB 489. By Mr. Harris of the 77th:
A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior court; and for other purposes.

HB 490. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation and/or salaries of the elective county officials of DeKalb County, including the ordinary, clerk of the Superior Court, sheriff and tax commissioner, so as to change the compensation of the above named officers; and for other purposes.

HR 188-490. By Mr. Shanahan of the 8th: A Resolution authorizing the conveyance of a certain tract of Stateowned property; and for other purposes.
HB 491. By Mr. Clarke of the 33rd: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to designate one of its members to perform additional duties and to be compensated therefor; and for other purposes.

HB 492. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 493. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.

HB 494. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Com-

THURSDAY, FEBRUARY 20, 1969

705

missioner of Rockdale County), so as to change the salary of said Commissioner; and for other purposes.

HB 495. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 496. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.

HB 497. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.

HB 498. By Messrs. Bennett of the 71st, Bostick of the 63rd, Lee of the 61st, Gates of the 95th, Rowland and Douglas of the 42nd, Shanahan of the 8th, Nunn of the 41st, Hale of the 1st and Harris of the 67th:
A Bill to be entitled an Act to provide that the validity of a judgment rendered in any divorce proceeding may not be contested or challenged after three years from the rendition of the final judgment therein, except upon the grounds that the judgment complained of was procured as a result of fraud; and for other purposes.

HB 499. By Messrs. Murphy of the 19th, Paris of the 14th, Lane of the 44th, Hawes of the 95th, Chandler of the 34th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority Act" (formerly known as the "State Office Building Authority Act"), so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority; and for other purposes.

HB 500. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swainsboro; and for other purposes.

HB 501. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, so as to

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JOURNAL OF THE HOUSE,

provide for four-year terms for the members of the board; and for other purposes.

SB 90. By Senators Cox of the 21st and Walling of the 42nd:
A Bill to be entitled an Act to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the System; and for other purposes.

SB 92. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to make certain changes in relating to matters pertaining to the operation of vehicles while under the influence of intoxicating liquors or drugs, etc.; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture 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

31. Do Pass.

HR 181-470. Do Pass.

Respectfully submitted,

Matthews of the 63rd,

Chairman.

Mr. Ware of the 30th, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 336. Do Pass. HB 334. Do Pass. HB 335. Do Pass. HB 332. Do Pass.
Respectfully submitted, Ware of the 30th, Chairman.

THURSDAY, FEBRUARY 20, 1969

707

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 171. Do Pass.
Respectfully submitted,
Barber of the 15th,
Chairman.

Mr. Rainey of the 47th, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 225. Do Pass. HB 226. Do Pass.
Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Smith of the 3rd, 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 239. Do Pass. HB 262. Do Pass. HB 263. Do Pass. HB 264. Do Pass.
Respectfully submitted, Smith of the 3rd, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 458. Do Pass.
HB 406. Do Pass.
HB 407. Do Pass. Respectfully submitted,
Harris of the 77th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 112. Do Pass. HB 49. Do Pass. HB 160. Do Pass by Substitute. HB 471. Do Pass. HB 472. Do Pass. HB 475. Do Pass. HB 476. Do Pass. HB 477. Do Pass. HB 478. Do Pass, HB 480. Do Pass. HB 481. Do Pass. HB 482. Do Pass. HB 483. Do Pass. HB 486. Do Pass. HB 487. Do Pass. HB 492. Do Pass.

THURSDAY, FEBRUARY 20, 1969

709

HB 493. Do Pass. HB 494. Do Pass. HB 495. Do Pass. HB 496. Do Pass. HB 497. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Dorminy of the 48th, 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 recommendations:
HR 133-375. Do Pass.
Respectfully submitted,
Dorminy of the 48th,
Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 248. Do Pass. HB 185. Do Pass.
Respectfully submitted,
McCracken of the 36th, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judici ary, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 448. Do Pass. HB 331. Do Pass. SB 51. Do Pass. SB 83. Do Pass. SB 88. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 162. Do Pass by Substitute. Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Harrington of the 34th, Chairman of the Committee on Welfare, sub mitted the following report:

Mr. Speaker:

Your Committee on Welfare has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 107. Do Pass. HB 403. Do Pass.

Respectfully submitted, Harrington of the 34th, Chairman.

THURSDAY, FEBRUARY 20, 1969

711

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 49. By Messrs. Alexander of the 108th, Daugherty of the 109th, Brown of the 110th, Bond of the lllth, Mrs. Hamilton of the 112th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 160. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon contained in the Act approved August 17, 1914, as amended, so as to change certain provisions relating to police and firemen's retirement and disability pensions; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act reenacting the charter of the City of Macon contained in the Act approved August 17, 1914, to gether with Acts amending same, passed since 1914, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particularly by an Act approved March 9, 1939 (Ga. Laws 1939, p. 1149), and an Act approved February 17, 1949 (Ga. Laws 1949, p. 759), so as to change certain provisions relating to police and firemen's retirement and disability pensions; to change provisions relating to official holidays of said City; to change provisions relating to working hours of certain employees of said City; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act reenacting the charter of the City of Macon contained in the Act approved August 17, 1914, together with Acts amending same, passed since 1914, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particularly by an Act approved March 9,

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1939 (Ga. Laws 1939, p. 1149), and an Act approved February 17, 1949 (Ga. Laws 1949, p. 759), is hereby amended by adding a new section, to be designated as Section 70A, which shall read as follows:

"Section 70A. (Article I)--Definitions. As used in this Sec tion, the following words shall have the meaning as set forth below unless as otherwise required by the context:

(1) 'System' shall mean the Macon Fire & Police Department Employees' Retirement System as provided herein.

(2) 'Effective date'--July 1, 1969.

(3) 'City' shall mean the City of Macon, Georgia.

(4) 'Board' shall mean the Retirement Board of Trustees provided for in Article VIII of this Section.

(5) 'Basic compensation' shall mean the actual monthly com pensation paid during any month to an employee, exclusive of re imbursed expenses, overtime and all other unusual compensation.

(6) 'Average compensation' shall mean the annual average of basic compensation paid by the City to an employee during the 36 months prior to his retirement.

(7) 'Fund' shall mean the medium to which employee con tributions and City contributions made under the terms of the System are accumulated and out of which all benefits under the terms of the System are paid.

(8) 'Employee' shall mean all full-time, permanent firemen and policemen employed by the City.

(9) 'Service' shall mean all years and completed months (ex pressed as a fraction of a year, but if six or more months con sidered as a full year) of employment, whether continuous or not, of an employee of the City, excluding any period of employment during which the employee was on authorized leave of absence without pay for more than 30 days.

(10) 'City contributions' shall mean payments by the City to the System as determined by the actuary as necessary to maintain an actuarially sound System.

(11) 'Employee contributions' shall mean payments deducted from the basic compensation of an employee and credited to his individual account in the System.

(12) 'Accumulated contributions' shall mean with respect to any employee, the aggregate of his employee contributions.

THURSDAY, FEBRUARY 20, 1969

713

(13) 'Actuarial equivalent' shall mean the condition of equi librium which exists between two or more benefits of different incidence of payment valued at the same point in time and under the same actuarial assumptions.

(14) 'Individual account' shall mean the detailed records kept of the amount of employee contributions credited or charged to each employee under the System in accordance with the terms of the System.

(15) 'Beneficiary' shall mean the person or persons entitled to receive any benefits at the death of the employee and who has been designated by the employee by written notice to the Board. If no person or persons so designated are living at the time of the death of the employee, the beneficiary shall be the estate of the employee.

(Article II)--Eligibility and Membership.

(1) Eligibility. Each employee who is in the employ of the City on the effective date, shall be a member of the System as of the effective date.

Each employee hired after the effective date shall become a member of the System on his date of employment, provided such employee is not over age 55 at his date of employment.

(2) Membership. Each new employee shall make application for membership in the System. Such application shall include a desig nation of beneficiaries to receive any death benefits paid in accordance with the System.

Such application shall also include the employee's acceptance of the terms and conditions of the System and the Fund, and author ization of the deduction of employee contributions from his basic compensation.

Once an employee has become a member, he shall continue to be a member as long as he continues to be an employee and thereafter as long as he retains any rights to benefits under the System.

Participation in the System will not give any employee the right to be retained in the employ of the City nor upon dismissal to have any rights or interests in the System other than as herein provided.

(Article III)--Retirement Dates.

(1) Normal Retirement Date. The normal retirement date of an employee shall be the first day of the month coinciding with or next following his completion of twenty-five (25) years of service and the attainment of age 55, whichever is later.

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Any employee shall retire from the employment of the City on his normal retirement date except as otherwise provided in Sections (2) and (3) of this Article III.

(2) Delayed Retirement Date. At the request of the City, an employee may remain in the active employ of the City beyond his normal retirement date for such period or periods from time to time as shall be mutually agreed upon; Provided, however, that such period or periods shall not extend past the 60th birthday of the employee. The employee shall retire from the City on the first day of any month during such extended period and such date shall be the delayed retirement date of the employee.

(3) Disability Retirement Date, (a) In Line of Duty. An employee who becomes totally and permanently disabled as here inafter defined, as a result of an act while carrying out his duties as an employee, shall be retired on the first day of the month coinciding with or next following the date the Board shall determine the employee as permanently and totally disabled.

(b) Not in Line of Duty. An employee who becomes totally and permanently disabled other than as a result of an act while carrying out his duties as an employee, but after the completion of fifteen years of service, shall be retired on the first day of the month coinciding with or next following the date the Board de termines the employee as totally and permanently disabled. Should an employee become disabled prior to the completion of fifteen years of service, except as provided in (a) above, the employee shall receive only a refund of his accumulated contributions.

(c) Determination of Total and Permanent Disability. An employee shall be considered totally disabled if, in the opinion of the Board, relying on the advice of a licensed physician or physi cians, he is wholly prevented by his physical and mental condition from discharging his usual duties in an efficient manner. An em ployee shall be considered permanently disabled, if, in the opinion of the Board, relying on the advice of a licensed physician or physicians, such employee is likely to remain so disabled continuous ly and permanently from a cause other than specified in Section (3) (d) below. The decision of the Board on these questions shall be final and binding and shall not be appealed.

(d) An employee shall not be entitled to receive any disability retirement income if the disability is a result of the following:

(1) Injury or disease sustained by the employee while wilfully and illegally participating in acts of violence, riots, civil insurrec tions or while committing a felony;

(2) Injury or disease sustained by the employee while serving in any armed forces of any country;
(3) Injury or disease sustained by the employee after his employment has terminated;

THURSDAY, FEBRUARY 20, 1969

715

(4) Injury or disease sustained by the employee while working for anyone other than the City and arising out of such employment;

(5) Intentional, self-inflicted injury.
(e) Termination of Disability Retirement Benefit. Once each year the Board may require any employee receiving a disability bene fit who has not reached his normal retirement date to undergo a medical examination by a physician or physicians designated by the Board. If it appears from such medical examination that the dis ability of an employee who has not reached his normal retirement date has ceased, his disability benefit shall be discontinued by the Board. Should any such employee refuse to submit to such medical examination and should he fail to undergo such medical examination for a year, all his rights in and to his disability benefit shall cease.
If the disability retirement benefit of an employee is dis continued prior to the normal retirement date of the employee because the disability of the employee has ceased and if such em ployee is reemployed by the City within six months following the date such disability ceases, then automatically after such reemployment the employee shall accumulate benefits as an employee and any benefits to which the employee thereafter may become entitled under any of the provisions of the System will be subject to the provision that average compensation during such period of dis ability shall be considered as being at the same rate as was in effect on the date the participant became totally and permanently dis abled.
(Article IV)--Retirement Benefits.
(1) Normal Retirement Benefit. An employee shall, upon re tirement on his normal retirement date, receive a monthly retire ment benefit by which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly payment shall be determined as 1/12 of forty per cent (40%) of his average compensation.
(2) Delayed Retirement Benefit. An employee, upon retire ment on his delayed retirement date, shall receive a monthly retire ment benefit under which payment shall commence on his delayed retirement date and shall be payable on the first day of each month thereafter during the lifetime of the employee. The amount of each monthly retirement benefit shall be computed in the same manner as for his normal retirement benefit, based on average compensation as of his delayed retirement date.
(3) Disability Retirement Benefit, (a) In Line of Duty. An employee, upon retirement on his disability retirement date, as de fined in Article III, Section (3) (a), shall receive a monthly retire ment benefit which shall commence on the employee's disability

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retirement date and shall be continued on the first day of each month thereafter during the lifetime and continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit, except that average compensation shall be computed as of the dis ability retirement date of the employee.

(b) Not in Line of Duty. An employee, upon retirement on his disability retirement date as provided in Article III, Section (3) (b) shall receive an immediate monthly retirement benefit which shall commence on the employee's disability retirement date and shall be payable on the first day of each month thereafter during the lifetime and the continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit except that average compensation shall be determined as of the employee's disability retirement date, but reduced in accordance with his length of service as set forth in the following schedule:

15 years actual service--40% of benefit 16 years actual service--45% of benefit 17 years actual service--50% of benefit 18 years actual service--55% of benefit 19 years actual service--60% of benefit 20-25 years actual service--65% of benefit.

If an employee has less than fifteen (15) years of service, he shall receive a refund of his accumulated contributions.

(Article V)--Death or Termination of Employment.
(1) Death Before Retirement, (a) In Line of Duty. If any employee shall lose his life or later die from injuries received while in the discharge of his duties, and shall leave a widow and/or child or children under the age of eighteen (18) years, and unmarried, the Board shall authorize and direct payment of a monthly benefit to the widow, child or children, but only in the following amounts and on the following conditions:

(i) The widow shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children.

(ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensa-

THURSDAY, FEBRUARY 20, 1969

717

tion being based on the thirty-six (36) months immediately pre ceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit.

(iii) If there be a surviving widow and she subsequently dies, then the child or children shall receiive the benefit appli cable under Article V, Section (1) (a) (ii), just as if there had been no widow at member's death.
(iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1) (a) (i).
(b) Not in Line of Duty. If an employee dies from causes not attributed to his active duties, providing that such employee shall have fifteen (15) or more years service prior to the date of his death, the Board shall authorize and direct payment of a monthly benefit to the widow, child or children, in the following amounts:
(i) The widow shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement bene fit as provided in Article IV, Section (3) (b), that the em ployee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preced ing death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%)for two minor children, and twenty-five per cent (25%) for three or more minor chil dren.
(ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the non-service disability retire ment benefit as provided in Article IV, Section (3) (b) that the employee would otherwise have received (average com pensation being based on the thirty-six (36) months immedi ately preceding death) ; two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit.
(iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit appli cable under Article V, Section (1) (b) (ii), just as if there had been no widow at member's death.
(iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1) (b) (i).
If an employee dies from causes not attributed to his active duties, but has less than fifteen (15) years of service, the em ployee's accumulated contribution shall be paid to the employee's beneficiary in a lump sum.

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(2) Death Benefit After Retirement. If an employee dies sub sequent to actual retirement, his widow shall receive a benefit equal to fifty per cent (50%) of the benefit the employee was receiving at the time of his death.

(3) Termination of Employment. Should the employment of an employee be terminated voluntarily or involuntarily, prior to the completion of twenty-five (25) years of service, he will be en titled to a refund of his accumulated contributions made to the System.

(Article VI)--Contributions.
(1) Employee Contributions. Each employee shall contribute five per cent (5%) of his basic compensation each month after be coming a member of the System.

The City shall deduct such employee contributions from the

basic compensation of the employee and shall credit such contribu

tions to the employee's individual account. The City shall pay

,

monthly the amount so deducted to the Fund to be held and ad

ministered as provided herein.

For any employee who on the effective date of this System was a member of the General Employee's Retirement System of the City of Macon and who had made contributions to that System, the Board shall have such contributions transferred to the Fund created under this System and such contributions will be credited to the individual account of each such employee.

(2) City Contributions. The City shall quarterly make contri butions as determined by the actuary as necessary to keep the System actuarially sound. The Board relying on the advice of the actuary, may from time to time increase or decrease the amount of the City contributions, provided, however, the benefits to be paid or made available under the System are not affected at any time. All City contributions shall be paid to the Fund and shall be irre vocable except as herein provided and shall be used only for the benefit of the employees and their beneficiaries.

Investment of all employee contributions and all City contri butions made toward to cost of the System will be accomplished through the Fund and shall be subject to the laws of the State of Georgia. Payments of all benefits of all employees and bene ficiaries shall be accomplished through the System.

(Article VII)--Retirement Board of Trustees.

(1) Appointment and Term of Office. The general administra tion and responsibility for the proper operation of the System is hereby vested in the Retirement Board of Trustees, hereinafter re ferred to as the Board.

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719

The Board shall consist of six (6) active members. The six members consist of two (2) Aldermen appointed by the Mayor, the City Attorney, one (1) representative of the Police Department chosen by a majority vote of the policemen, one (1) representative of the Fire Department chosen by a majority vote of the firemen, and a private citizen of the City (who is knowledgeable in invest ment finance), to be selected by the above-mentioned five. The terms of office of the Board member elected by the employees and the private citizen member chosen as above shall each be for a term of two (2) years and until a successor has been selected and qualified.

(2) Organization of the Board. The Board shall elect a Chair man and a secretary from among its members. The Board may ap point such agents, who need not be members of such Board, as it may deem necessary for the effective performance of its duties and it may delegate to such agents such powers and duties whether ministerial or discretionary as the Board may deem expedient or appropriate. The compensation of such agent shall be fixed by the Board within limits set by the City Commissioners. The Board shall act by majority vote of its active members. The Board mem bers shall serve without compensation.

(3) Powers of the Board. The Board shall have complete con trol of the administration of the System with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, such Board shall have the power to construe the said System and to determine all questions which shall arise thereunder and shall also have all the powers herein conferred upon it. It shall decide all questions relat ing to eligibility of employees to participate in the benefits of the System and shall determine the benefits of this System to which any employee or his beneficiary may be entitled. All disbursements shall be made upon, and in accordance with, written instructions of the Board, signed by the Secretary. The decision of the Board upon all matters within the scope of its authority shall be binding upon all parties of this instrument, employees and their bene ficiaries.

The Board shall establish rules and procedures to be followed by employees and beneficiaries in filing applications for benefits in furnishing and verifying proof necessary to determine age and any other matters required to administer the System.

The Board shall receive all applications for benefits. Upon re ceipt by the Board of such an application, it shall determine all facts which are necessary to establish the right of the applicant to benefits under the provisions of the System and the amount thereof as herein provided. Upon request, the Board will afford any applicant the right of hearing with respect to any findings of fact or determination.

The Board shall prepare and distribute to the employees, at the expense of the City, and in such manner as it shall be deemed appropriate, information concerning the System.

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To enable the Board to perform its functions, the City shall supply full and timely information to the Board of all matters re lating to the compensation of the employees, their length of service, their retirement or other causes for termination of employment, and such other pertinent facts as the Board may require.

The Board shall designate an actuary who shall be the techni cal advisor of the Board regarding the operation of the System and shall perform such other duties as are required in connection there with.

The Board shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by the actuary and upon all opinions given by the City Attorney, and the Board shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary or counsel, and all action so taken or suffered shall be conclusive upon each of them and upon all employees or other persons in terested in the System.

(4) Records of Board. All acts and determinations of the Board shall be duly recorded by the Secretary thereof, or under his super vision, and all such records, together with such other documents as may be necessary for the administration of the System shall be preserved in the custody of such Secretary.
(5) Exemption from Liability of Board. The members of the Board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct of their duly consti tuted agents, in the administration of the System and the City shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own wilful misconduct.
(6) Annual Audit Required. An annual audit prepared by a certified public accountant chosen by the Board shall be made at the close of each fiscal year (December 31) of all the transactions of the System.
(Article VIII)--Trust and Trustee.
The Board at its own discretion shall appoint the Trustee. The Trust Agreement shall be in such form and containing such pro visions as the Board deems appropriate, including, but not by way of limitation, the positin with respect to the liability of the Trustees, the authority of the Board to settle the accounts of the Trustee on behalf of all persons having interest in the Trust and from time to time shall appoint a new Trustee in place of any then acting Trustee. With respect to any payment to or for the benefit of any employee or beneficiary under the System the Trustee shall follow the directions of the Board.
When entered into, the Trust Agreement shall be deemed to form a part of the System and any and all rights to benefits which

THURSDAY, FEBRUARY 20, 1969

721

may accrue to any person under the System shall be subject to all the terms and provisions of the Trust Agreement. A Trust Fund shall be established under the terms of said Trust Agreement and all employee contributions and City contributions shall be paid into the System and the Trustees shall, subject to the direction of the Board and subject to any limitations established by the laws of Georgia, invest, reinvest and administer such Fund.

(Article IX)--Miscellaneous.

(1) Headings. The headings and subheadings in this system have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof.

(2) Construction. In the construction of this System the mas culine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate.

The System shall be construed in accordance with the laws of the State of Georgia.

(3) Spendthrift Clause. To the extent permitted by law, none of the benefits, payments, proceeds or distributions under this System shall be subject to the claim of any creditor of the em ployee or to the claim of any creditor of any beneficiary hereunder or to any legal process by any creditor of such employee or any such beneficiary; and neither such employee or any such bene ficiary shall have any right to alienate, commute, anticipate or as sign any of the benefits, payments, proceeds or distributions under this System except to the extent expressly provided herein to the contrary: If any employee shall attempt to dispose of the benefits provided for him hereunder, or to dispose of the right to receive such benefits, or in the event there should be an effect to seize such benefits, or the right to receive such benefits by attachment, execu tion or other legal or equitable process, such right may pass and be transferred, at the discretion of the Board, to such one or more as may be appointed by the Board from among the beneficiaries, if any, theretofore designated by the employee, or from the spouse, children or other dependents of the employee, in such shares as the Board may appoint. Any appointment so made by the Board may be revoked by it at any time and further appointment made by it which may include the employee.

(4) Legally Incompetent. If any employee or beneficiary is a minor, or is in the judgment of the Board otherwise legally in capable of personally receiving and giving a valid receipt for any payment due him hereunder, the Board may, unless and until claim shall have been made by a duly appointed guardian or committee of such person, direct that such payment or any part thereof be made to such person's spouse, child, parent, brother, or sister or other person deemed by the Board to have incurred expense for or assumed responsibility for the expenses of such person. Any pay ment so made shall be a complete discharge of any liability under this System for such payment.

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(5) Benefits Supported Only by Trust Fund. Any person hav ing any claim under the System will look solely to the assets of the System for satisfaction. In no event will the City or any of its officials, members of its Commission or agents, be liable in their individual capacities to any person whomsoever under the pro visions of the System.

(6) Misconduct. If the Board finds that any retired or ter minated employee engaged in misconduct involving dishonesty or moral turpitude while employed with the City, the Board shall re duce or suspend the benefits of the employee, which reduction or suspension shall continue until removed by notice from the Board.
(7) Discrimination. The City, through the Board, shall ad minister the System in a uniform and consistent manner with respect to all employees and shall not permit discrimination of any kind.

(8) Limitation of Liability; Legal Action. It is expressly understood and agreed by each employee who becomes a member hereunder, that except for its or their wilful neglect or fraud, neither the City nor the Board shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with this System or its opera tion, and each such employee hereby releases the City and all its officers and agents from any and all liability or obligation.
To any action or proceeding involving the assets held with re spect to the System or the administration thereof, the City, the Board and the Trustee shall be the only necessary parties and no employees or former employees of the City or their beneficiaries or any other person having or claiming to have an interest in the Sys tem shall be entitled to any notice or process. Any final judgment which is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto, the Board and all persons having or claiming to have any interest in the System.

(9) Claims. Any payment to an employee or beneficiary, or to their legal representative, in accordance with the provisions of this System, shall to the extent thereof be in full satisfaction of all claims hereunder against the Trustee, Board and the City, any of whom may require such employee, beneficiary or legal representa tive, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the Trustee, the Board of the City, as the case may be."
Section 2. Said Act is further amended by striking Section 70 in its entirety, but this shall not be construed to do away with or repeal any rights, benefits or obligations which have accrued and vested pur suant to these provisions.

Section 3. Said Act is further amended by creating a new Section, to be designated Section "17A", and which shall read as follows:

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723

"17A. The following days and dates shall be paid holidays for the employees of the City of Macon:

New Years Day--January 1st Memorial Day--April 26th Independence Day--July 4th Labor Day--First Monday in September Veteran's Day--November llth Thanksgiving1--Fourth Thursday in November Christmas--December 25th."

Section 4. Said Act is further amended by adding to the end of Rule 18 of Section 58 the following:

"Each policeman shall be required to work no longer than 40 hours per week, except in emergency as provided above, and in the event any said policeman is asked to work in excess of 40 hours in any one week, he shall receive such overtime payment or com pensating time as is required or authorized by the governing au thority of the City of Macon or law."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 384. By Messrs. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Hill of the 94th, Gignilliat of the 89th, Battle of the 90th and Ellis of the 91st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Vernonburg, so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.

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The following substitute, offered by Messrs. Ellis of the 91st, Battle of the 90th, Funk of the 92nd, Jones of the 87th, Gaynor of the 88th, Whaley of the 93rd, Gignilliat of the 89th and Hill of the 94th, was read and adopted:

A BILL
To be entitled an Act to amend an Act incorporating the Town of Vernonburg, approved March 6, 1866 (Ga. Laws 1865, p. 294), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2804) and by an Act approved April 8, 1965 (Ga. Laws 1965, p. 3370), so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA.
SECTION 1
An Act incorporating the Town of Vernonburg, approved March 6, 1866 (Ga. Laws 1865, p. 294), as amended, particularly by an Act ap proved March 21, 1958 (Ga. Laws 1958, p. 2804) and by an Act ap proved April 8, 1965 (Ga. Laws 1965, p. 3370), is hereby amended by striking therefrom Section 1 thereof in its entirety and inserting in lieu thereof a new section which shall read as follows:
"Section 1. That all of the tract of land situate, lying and being in the County of Chatham and State of Georgia, and de scribed as follows:
Beginning at a point where the northern projection of the eastern right-of-way line of Rockwell Avenue intersects the low water mark of the southernmost tributary of the Vernon River and running thence along said low water mark in an eastwardly direction to the point where the same intersects the low water mark of the west bank of Vernon River proper; thence following said low water mark along its meanderings in a generally southern direction to the center line of Bonnie Doon Creek; thence following the center line of Bonnie Doon Creek along its meanderings in a generally northern direction to the point where said center line intersects the southwestwardly projection of the common boundary line between the Bonnie Doon Tract and the lands of Rourke; running thence along said boundary line north 24 15' each a dis tance of 1,680 feet, more or less, to a point on the southern rightof-way line of Vernonburg Avenue; running thence eastwardly along said right-of-way line to a point on the common boundary line between the lands of Constantine and the lands of Laura C. and Freeman N. Jelks, Jr.; running thence southwardly along said boundary line a distance of 335 feet, more or less, to a point on the common boundary line between the lands of Constantine and the lands of Mary C. Colquitt; running thence eastwardly along said boundary line a distance of 824.75 feet to a point on the western right-of-way line of South Rockwell Avenue; running thence north wardly along said right-of-way line a distance of 255 feet, more

THURSDAY, FEBRUARY 20, 1969

725

or less, to its intersection with the southern right-of-way line of Vernonburg Avenue; running thence eastwardly along said rightof-way line to its intersection with the eastern right-of-way line of Rockwell Avenue; running thence northwardly along said right-of-way line and its northern projection to the point of beginning, shall hereafter be known and designated as the Town of Vernonburg, and as such and by said name is hereby incorpo rated."

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 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by Substitute.

SB 112. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Rabun County; to name the initial commissioners; to provide for audits and publications thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, SB 112 was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

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SB 86. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Bill to amend the existing eminent domain procedures, s as to provide that condemnees may draw only seventy-five percent of awards when appealing the amount of such awards to a higher tribunal; to repeal conflicting laws; and for other purposes.

SB 91. By Senators Pincher of the 51st and Chapman of the 32nd:
A Bill to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 95. By Senator Chapman of the 32nd:
A Bill to authorize and empower the State Department of Family and Children Services to reimburse the County Commissioners or the con stituted fiscal or financial agent of any county 100% of the administra tive expenses incurred by full time county employees working in State Institutions; and for other purposes.

HB 2. By Mr. Smith of the 3rd:
A Bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.

HB 74. By Messrs. Pickard, Buck, Jones of the 84th, Thompson of the 85th and Thompson of the 86th:
A Bill to amend Code Chapter 88-18, relating to hospital authorities, so as to expand the definition of the word "project"; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 11. By Senator Smalley of the 28th:
A Bill to amend an Act revising the adoption laws of Georgia, as amended, so as to provide for the rights and obligations existing be tween an adopted child and the child's natural mother or father, who is the spouse of the adopted person; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 20, 1969

727

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 86. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Bill to be entitled an Act to amend the existing eminent domain procedures, so as to provide that condemnees may draw only seventyfive percent of awards when appealing the amount of such awards to a higher tribunal; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 91. By Senators Pincher of the 51st and Chapman of the 32nd:
A Bill to be entitled an Act to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 95. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse the County Com missioners of the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by full-time county employees working in State Institutions; and for other purposes.
Referred to the Committee on Welfare.

The following Resolution of the House was read and adopted:

HR 191. By Mr. Dickinson of the 118th:
A RESOLUTION
Commending the members of the Douglas County High School Band; and for other purposes.
WHEREAS, the Douglas High School Band has compiled an en viable record of achievement under the direction of Mr. Tim Wheeler, an outstanding musician and musical director; and
WHEREAS, under Mr. Wheeler's direction, the Douglas High School Band has grown from a membership of 32 musicians in 1966 to 120 in 1968, with an overall enrollment of 250 students in their music program; and

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WHEREAS, the Douglas High School Band received a rating of excellence in the "1967 Tri-State Band Festival," a rating of excellence in the "1968 Georgia Music Educator's Seventh District Festival," and a superior rating in the "1968 Governor's Marching Festival"; and

WHEREAS, this excellent musical organization has performed in many, many activities, including WSB-TV's "Salute to America Parade," the "Alabama Spring Festival," and was the only band from Georgia to perform in the "1969 Cotton Bowl Festival and Parade".

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations and commendation to each and every member of the Douglas County High School Band, and, in particular, commends their director, Mr. Tim Wheeler, for the outstanding job of music direction which he has accomplished at this fine institution of learning.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on University of Georgia and referred to the Committee on Game and Fish:

SB 90. By Senators Cox of the 21st and Walling of the 42nd:
A Bill to be entitled an Act to provide for a Georgia Scenic Rivers System; and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Special Judiciary for further study:

HR 97-276. By Mrs. Merritt of the 46th and Mr. Dodson of the 82nd:
A Resolution proposing an amendment to the Constitution so as to provide that only qualified voters who are freeholders may vote in bond elections under certain conditions; 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 Bills of the House, to-wit:

HB 367. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to amend an Act creating a Board of Commissioners for Forsyth County, so as to change the provisions relating to the compensation of the chairman of the Board; and for other purposes.

THURSDAY, FEBRUARY 20, 1969

729

HB 368. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and Tax Commissioner of Porsyth County, so as to change the provisions relating to the compensation of the said county officials; and for other purposes.

HB 390. By Messrs. Henderson, Kreeger, Wilson, Atherton, McDaniell and Burruss of the 117th:
A Bill to amend an Act creating the Paulding County Water Authority, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500,000.00; and for other purposes.

The following Resolution of the House was read:

HR 192. By Messrs. Smith of the 43rd and Busbee of the 61st:
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 on February 21, 1969, at 12:00 o'clock noon and reconvene on February 24, 1969, at 10:00 o'clock a.m.

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 Atherton Ballard Barber Battle Bell Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck

Burruss Busbee Caldwell Carnes Gates Cato Cole Collier Collins, S. Colwell Connell Conner Cook Crowe Dailey Daugherty Davis, E. T.

Davis, W. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Egan Ellis Ezzard Fallin Farmer Farrar Felton Floyd, J. H.

730
Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat
Grahl Graves Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Holder Hood Horton Housley Hudson Hutchinson Johnson, B. Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert

JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt
Miles Milford Miller Moate Morris Mullinax
Murphy Nash Nessmith Northcutt Nunn Odom Pafford
Paris Parker, C. A. Parker, H. W. Patterson Peters

Peterson Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Reaves Ross Rowland Rush Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs. M. Collins, Conger and Evans.

Those not voting were Messrs.:

Barfield Bennett Berry Bostick Bowen Bray Brooks Chandler Clarke Cooper

Dickinson Edwards Gunter Hill, B. E. Hill, G. Howell Jones, C. M. Jones, M. McDaniell Moore

Phillips, W. R. Pickard Rainey Roach Salem Thompson, A. W. Thompson, R. Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 3.

THURSDAY, FEBRUARY 20, 1969

731

The Resolution was adopted.

By unanimous consent, HR 192 was ordered immediately transmitted to the Senate.

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 187. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th, and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to wards; and for other purposes.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 90-252. 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.
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 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law" (now Employment Security Law), by modi fying the benefit tables to provide increased weekly benefit amounts

732

JOURNAL OF THE HOUSE,

and the qualifications and eligibility for benefits; 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 117, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer and Matthews of the 16th, Brooks of the 17th, Dorminy of the 48th, Grahl of the 40th and Rainey of the 47th:
A Bill to be entitled an Act to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.

The report 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.
HB 136. By Mr. Rowland of the 42nd: A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now the "Employ ment Security Law"), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 20, 1969

733

HB 135. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Em ployment Security Agency in the Department of Labor, for the pro curement of lands, buildings, furniture and equipment therefor, for re pairs and alterations; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Industrial Relations moves to amend HB 135 as follows:
By striking from the fourth line of the first paragraph of Section 1, page 1 the figure "$325,000" and inserting in lieu thereof "$570,000."
That HB 135 be further amended by striking the figure "$325,000" as it appears on the first line of paragraph 2 of Section 1 and inserting in lieu thereof $570,000."

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 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 218. By Mr. Williams of the llth:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; 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 "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 16, 1960 (Ga. Laws 1960, p. 950), an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), and an Act approved March 12,

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JOURNAL OP THE HOUSE,

1965, p. 188), so as to authorize and direct the Director of the Depart ment of Public Safety to make and promulgate such rules and regula tions as are necessary to implement the provisions of Section 126 of this Act; to provide that the Director shall require proof that inspec tion stations have garage owner's liability insurance or, in lieu thereof, a bond; to provide penalties for violation of this Act or said rules and regulations; to provide that it shall be unlawful for any person to oper ate certain motor vehicles without certificates of inspection; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1

An Act known as the "Uniform Act Regulating Traffic on High ways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 16, 1960 (Ga. Laws 1960, p. 950), an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), is hereby amended by inserting immediately after the first unnumbered paragraph of subsection (a) of Section 126 the following:
"The Director is hereby authorized and directed to make and promulgate such rules and regulations as are necessary to imple ment and carry out the provisions of this Section. Violation of any provision of this Act or any rule or regulation made and promul gated pursuant thereto shall be punished as for a misdemeanor."

SECTION 2

Said Act is further amended by striking subsection (b) of Section 126A and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Application for permit shall be made upon an official form and shall be granted only when the Director is satisfied that the station is properly equipped and has competent personnel to make such inspections and adjustments, and that they will be proper ly conducted. The Director, before issuing a permit shall require proof that the applicant possesses a valid garage owner's liability insurance policy, or, if he has no such policy, the Director shall re quire the applicant to file a bond conditioned that it will make com pensation for any damage to a vehicle during an inspection or ad justment due to negligence on the part of such applicant or his employees. Such bond shall indemnify the person owning said vehicle."

SECTION 3

Said Act is further amended by adding at the end of Section 126D a new subsection (c) to read as follows:

THURSDAY, FEBRUARY 20, 1969

735

"(c) It shall be unlawful for any person to drive or move on any highway any vehicle which is required to be inspected by the provisions of Section 126 without a valid official certificate of in spection being displayed on such vehicle."

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 102, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A Bill to be entitled an Act to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motorcycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motorcycles; and for other purposes.

The following amendment was read and adopted:

Mr. McClatchey of the 113th moves to amend HB 409 as follows:
Providing a new section to be known as Section 4, and renumbering Section 4 to be Section 5.
Said Section 4 shall read as follows:
"A violation of this Act shall constitute a misdemeanor."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Collier Collins, M.
Collins, S.
Colwell
Conger
Connell
Conner
Cooper
Crowe
Dailey
Daugherty
Davis, E. T.
Dean, N.
DeLong
Dent
Dickinson
Dixon
Dodson
Douglas
Edwards
Egan
Ellis
Ezzard
Farrar

Felton Floyd, J. H. Floyd, L. B. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill, B. L. Hill, G. Holder Horton Housley Hudson Johnson Joiner Jones, C. M.
Jones, Herb
Jones, M.
Jordan, G.
Jordan, H. S.
Keyton
Knowles
Kreeger
Lambert
Lane, Dick
Lee, W. J. (Bill)
Leonard
Le vitas
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McClatchey
McCracken

McDaniell Melton Milford Miller Moate Moore Morris Mullinax Nash Nessmith Odom Pafford Paris Parker, C. A. Patterson Peters Pickard Poole Potts Rainey Roach Ross Rowland Rush Russell Scarlett Shanahan Shepherd
Sims
Smith, J. R.
Smith, V. T.
Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Townsend
Vaughn
Wamble
Ware
Whaley
Wheeler, Bobby
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

THURSDAY, FEBRUARY 20, 1969

737

Those voting in the negative were Messrs.:

Alexander Davis, W. Evans

Farmer Keen

Phillips, W. R. Scarborough

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Bray Brooks Cole Cook Dean, J. E. Dorminy Fallin Hale Hawes Henderson

Higginbotham Hood Howell Hutchinson Knapp Lane, W. J. Lee, W. S. Matthews, D. R. Merritt Miles Murphy Northeutt

Nunn Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Pinkston Reaves Salem Sherman Simkins Westlake Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 7.

The Bill, having received the requisite constitutional majority, was passed as amended.

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Ve hicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Vehicle Cer tificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79), so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled vehicles; to provide for fees for filing; to except the State of Georgia and the United States of America from the payment of fees; to provide for the perfection of liens on vehicles required to be titled; to require the refiling of existing liens on titled vehicles; to continue perfection thereof; to

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JOURNAL OF THE HOUSE,

provide that the procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles; 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 "Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79), is hereby amended by striking subsection (d) of Section 10 which reads as follows:
"(d) The Commissioner shall maintain a record of all notices of lien filed by all lienholders (1) under the distinctive title num ber assigned to the vehicle, (2) under the identifying number of the vehicle, (3) alphabetically under the name of the owner, and (4) under the vehicle's tag registration number. Upon inquiry and payment of such reasonable fee as the Commissioner may pre scribe by rule or regulation, the Commissioner shall furnish a com plete record of all notices of lien filed with him, with respect to any vehicle or owner thereof. A certified transcript of notices of lien shall be prima facie evidence of the existence thereof and any subsequent transferee, security interest holder or lienholder of the automobile shall be protected in relying upon such certified tran script with respect to liens, notice of which is required to be filed with the Commissioner as prescribed in section 21 (c).",
in its entirety.
SECTION 2
Said Act is further amended by striking subsection (c) of Section 18 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Commissioner shall be paid a fee of $1.00 for filing of an application for any certificate of title and for the filing of the notice of a security interest a lien on vehicles not required by law to be titled in this State."

SECTION 3
Said Act is further amended by adding a new subsection to Section 18 to be known as subsection (e) to read as follows:
"(e) The above fees shall be required of all applicants except the State of Georgia and the United States of America."

THURSDAY, FEBRUARY 20, 1969

739

SECTION 4
Said Act is further amended by striking subsection (c) of Section 21 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) If the holder of any lien as defined in Section 2(k) hereof (excepting the holder of a mechanic's lien, perfection for which is prescribed in Section 23 hereof), desires to perfect such lien against a vehicle the lienholder shall, on the form prescribed by the Commissioner, execute under oath a title application and a notice of lien stating the type of lien, and the lienholder shall for ward such notice and title application, together with the $1.00 filing fee, by registered mail return receipt requested, to the person who has custody of the current certificate of title at the address shown on said certificate of title. The notice of such lien shall contain on its face instructions to the person who has custody of the current certificate of title directing him within 10 days to forward the notice, title application and fee, together with the certificate of title, to the Commissioner in order that the Commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The person who has custody of the current certificate of title shall comply with the instructions contained in the notice. The Commissioner, upon receipt of a properly executed title application, notice, fee, and the current certificate of title shall enter the lien on his records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this Act. If the lienholder forwards by registered mail the title application, notice of the lien, and fee to the person who has custody of the certificate of title within 10 days of the creation of the lien, it shall be perfected as of the date it was created; otherwise as of the date the notice was forwarded to the person who had custody of the current certificate of title. The lienholder shall retain the return registered mail receipt as proof of his perfection under this section. In the event that the per son who has custody of the current certificate of title fails, refuses or neglects to forward the title application, notice, fee and current certificate of title to the Commissioner as required herein, the lienholder may, on a form prescribed by the Commissioner, make direct application to the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the person who has custody of the current certifi cate of title. Upon receipt of such a direct application, the Com missioner shall order the person who has custody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If after a direct application to the Commissioner and after the order of the Commissioner the person who has custody of the current certificate of title continues to fail, refuse or neglect to forward the certificate of title as provided herein, the Commissioner may cancel the current certificate of title and issue a new certificate of title reflecting all security interest and liens, and this new certificate of title shall be delivered as pro vided for in this Act. Any security interest holder or lienholder having custody of the certificate of title shall not have the validity

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JOURNAL OF THE HOUSE,

of his security interest or lien affected by surrendering the cer tificate of title as provided by this section. The first security in terest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the Commissioner shall cancel the old certificate of title.

"(2) A lien perfected under the provisions of this section shall be a lien only against the specific vehicle identified in the application for a new certificate.
(3) A lien on a vehicle for which a certificate of title is re quired shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by com pliance with this section.
(4) Any lien which was perfected prior to the effective date of this Act shall remain perfected as of its original date if the lienholder refiles his lien and perfects it as provided by this Act within three (3) months after the effective date of this Act; otherwise, such liens shall not continue perfected in this State.

(5) The procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected."

SECTION 5

Said Act is further amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows:
"Section 22. If any owner creates a security interest in a ve hicle :
(a) The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on a separate form the Commissioner prescribes, to name the holder of the security interest on the certificate, showing the name and address of the holder and the date of the security agreement and cause the certificate, application and the required fee to be de livered to the security interest holder or the lienholder.

(b) The holder shall immediately cause the certificate and application and the required fee to be mailed or delivered to the Commissioner.

(c) Upon receipt of the certificate of title, application and the

;

required fee, the Commissioner shall either endorse on the certifi

cate or issue a new certificate containing the name and address of

the holder of the security interest as well as previous unreleased

holders of security interests and liens, if any, and mail the cer

tificate to the first holder in it. If more than one holder is named on

THURSDAY, FEBRUARY 20, 1969

741

the certificate, each holder, after verifying the certificate's correct ness, shall mail or deliver it to the next named holder within five (5) days after receiving the certificate. The last holder named on the certificate shall comply with the provisions of Section 12 (b) and mail or deliver the certificate of title to the owner within five (5) days (exclusive of holidays) if correct."

SECTION 6

Said Act is further amended by striking from Section 23 the fol lowing: "section 22", and inserting in lieu thereof the following: "sec tion 21", so that when so amended Section 23 shall read as follows:

"Section 23. All mechanics of every sort, for work done, or for work done and materials furnished, or for materials furnished, in repairing vehicles required to have a certificate of title by sec tion 6 of this Act, shall have a special lien on the same which may be asserted by retention of such property, or the mechanic may sur render such vehicle and give credit, when the same shall be en forced in accordance with the provisions of Ga. Code section 67-2401, and such special lien shall be superior to all liens except for taxes and such other liens and security interests of which the mechanic had actual or constructive notice before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien as provided in section 21 and the validity of the lien against third parties shall be determined in accordance with the provisions of this Act."

SECTION 7

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 8
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. Caldwell of the 39th moves to amend Committee Substitute to HB 288 as follows:
(1) By striking from the title and Section 1, the following:
"Vehicle Certificate of Title Act",
and inserting in lieu thereof the following:
"Motor Vehicle Certificate of Title Act".

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JOURNAL OF THE HOUSE,

(2) By striking from Section 5 quoted paragraph (c) and in serting in lieu thereof a new paragraph (c) to read as follows:

"(c) Upon receipt of the certificate of title, application and the required fee, the Commissioner shall either endorse on the cer tificate or issue a new certificate containing the name and address of the holder of the security interest or mechanic's lien, as well as previous unreleased holders of security interests and liens, if any, and mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with the provisions of section 12 (b) in regards to notifying other holders of the content of the certificate."

(3) By striking from Section 6 the following:

"Said Act is further amended by striking from Section 23 the following: 'section 22', and inserting in lieu thereof the following: 'section 21', so that when so amended Section 23 shall read as follows:"

and inserting in lieu thereof the following:

"Said Act is further amended by striking from Section 23 the following: 'section 22", and inserting in lieu thereof the following: 'section 21', and by striking the word 'motor', so that when so amended, Section 23 shall read as follows:".

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 105, nays 0.

The Bill having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 33. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned of ficers of the Armed Forces from State income taxes, so as to define "enlisted personnel"; to define "commissioned officers"; and for other purposes.
The following Committee amendment was read and adopted:

THURSDAY, FEBRUARY 20, 1969

743

The Committee on Ways and Means moves to amend HB 333 as follows."

To insert after the words "induction period" wherever the same shall appear the following:

"or any period of voluntary enlistment subsequent thereto,"

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 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 138. By Messrs. Peterson and Nunn of the 41st: A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to be composed of the County of Houston; and for other purposes.
The following amendment was read and adopted: Mr. Pinkston of the 81st moves to amend House Bill 138 as follows: By inserting in the title, immediately before the phrase: "to repeal conflicting laws"
the following: "to provide an effective date;".
By striking from Section 1, wherever the same shall appear the figures:
"1970"
and substituting in lieu thereof the figures: "1972".
By striking the last two sentences of Section 3 which read as follows:

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"Effective January 1, 1971, he shall ex officio serve as the solicitor of the State Court of Houston County and after said date and for such services, the Board of Commissioners of Houston County shall supplement his salary in such amount that his total compensation shall not be less than $20,000 per annum. The Board of Commissioners of Houston County may supplement the District Attorney's salary so that he may receive an annual salary in excess of such figure if they so desire."

By renumbering Section 8 as Section 9.

And, by inserting following Section 7 a new Section 8 to read as follows:

"Section 8. The provisions of this Act shall become effective on January 1, 1972."

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 Atherton, Ballard Barber Battle Bennett Black Bohannon Bond Bostick Bowen
Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler Cole Collier Collins, M.

Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Dean, J. E. Dean, N. DeLong
Dent Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Felton Floyd, L. R. Funk

Gary Gaynor Geisinger Grahl Graves Gunter Hale Hargrett Harris, J. F. Harris, R. W. Harrison Hawes Henderson
Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, H. S. Keen Keyton Knowles

THURSDAY, FEBRUARY 20, 1969

745

Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDamell Melton Merritt Miles Milford Miller Moate

Moore Mullinax Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Reaves Rowland Rush

Russell Scarborough
Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson Toles Vaughn
Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Bell Blalock Dixon Egan Parrar Floyd, J. H.

Gignilliat Hadaway Harris, J. R. Jordan, G. Lee, W. S.

Levitas Ross Thomason Townsend Westlake

Those not voting were Messrs.:

Barfield Berry Brantley, H. H. Bray Brooks Busbee Clarke Davis, E. T. Davis, W.

Dickinson Hamilton Harrington Higginbotham Hill, B. L. Hill, G. Howell
Jones, C. M. Jones, M.

Knapp Morris Murphy Rainey Roach Salem Sweat Thompson, A. W. Mr. Speaker

On the passage of the Bill as amended, the ayes were 150, nays 16.

The Bill, having received the requisite constitutional majority, was passed as amended.

746

JOURNAL OF THE HOUSE,

The Speaker announced the House recessed until 1:30 o'clock, P.M.

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

Mr. Jordan of the 55th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 90. By Messrs. Hale of the 1st and Harris of the 77th: 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, so as to provide that said tax shall not apply to any lease on lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; and for other purposes.
The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 90 by adding at the end of the last proviso the words
"In a term of less than twenty years."
Mr. Hale of the 1st moved that the House disagree to the Senate amendment.

The motion prevailed and the Senate amendment was disagreed to.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.

THURSDAY, FEBRUARY 20, 1969

747

The report of the Committee, which was favorable to the passage of the Bill was agreed to. 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 Atherton Ballard
Barber Battle Bell Blalock Brantley, H. L. Brooks
Brown, B. D. Brown, C. Burruss Busbee Gates Cato Chandler Clarke Cole
Collins, S. Connell
Davis, E. T. DeLong Dickinson Dixon Dodson Egan Evans Ezzard Fallin Farmer Farrar Felton Gary Gignilliat Grahl

Graves
Hadaway Hamilton Harrington
Harris, J. F. Harris, J. R. Hawes Henderson Hill, G. Horton, G. T.
Housley Howell Hutchinson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton
Knapp Kreeger
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C. McClatchey Melton Merritt Miles Milford Miller Moate

Mullinax
Murphy Nessmith Northcutt
Nunn Odom Pafford Paris Parker, H. W. Peters
Peterson Phillips, L. L. Pickard Pinkston Potts Rainey Reaves Rush Russell
Salem Sherman
Simkins Sims Sorrells Sweat Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Winkles Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander Berry Black Buck Carnes Conger Crowe Dailey Daugherty

Dean, N. Dent Douglas Edwards Funk Hargrett Hill, B. L. Hood Hudson

Jones, M. Knowles Lambert Mason Mauldin Nash Patterson Phillips Poole

748
Roach Rowland Scarlett

JOURNAL OF THE HOUSE,

Shepherd
Snow Thompson, A. W.

Thompson, R. Wheeler, J. A.

Those not voting were Messrs.:

Barfield Bennett Bohannon
Bond Bostick Bowen Brantley, H. H. Bray Caldwell Collier Collins, M. Colwell Conner Cook Cooper Davis, W. Dean, J. E.

Dorminy Ellis Floyd, J. H.
Floyd, L. R. Gaynor Geisinger Gunter Hale Harris, R. W. Harrison Higginbotham Holder Johnson Jones, C. M. Lane, Dick Leonard Longino

Matthews, D. R. Maxwell McCracken
McDaniell Moore Morris Parker, C. A. Phillips, G. S. Ross Scarborough Shanahan Smith, J. R. Smith, V. T. Thomason Westlake Mr. Speaker

On the passage of the Bill, the ayes were 108, nays 35.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Conger of the 68th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 87.

HB 51. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act regulating the employ ment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain condi tions and circumstances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 20, 1969

749

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Carries
Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E.T. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Evans Ezzard Fallin Farmer Farrar Felton

Floyd, J. H. Funk Gaynor Gignilliat Grahl Graves Hadaway Hamilton Hargrett Harris, J. F. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Le vitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin McClatchey Melton Merritt Miles Milford Miller Moate

Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sorrells Sweat Thomason
Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Voting in the negative was Mr. Northcutt.

750

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Ballard Barfield Bennett Bond Bostick Bowen Brown, B. D. Caldwell Collier Collins, M. Cook Cooper Davis, W. Dean, J. E. Dodson

Ellis

Floyd, L. R.

Gary

Geisinger



Gunter

Hale

Harrington

Harris, J. R.

Henderson

Holder

Housley

Jones, C. M.

Jordan, G.

Lee, W. J. (Bill)

Leonard

Longino Matthews, D. R. Maxwell McCracken McDaniell Moore Parker, C. A. Phillips, G. S. Scarborough Scarlett Smith, J. R. Thompson, A. W. Thompson, R. Wilson Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 109. By Mr. Graves of the 9th:
A Bill to be entitled an Act to amend an Act providing a salary from State funds for each district attorney, so as to clarify the provisions thereof relative to the payment of the contingent expense allowance and other compensation provided for the district attorneys; and for other purposes.

By unanimous consent, further consideration of HB 109 was postponed until Monday, February 24, 1969.

HB 286. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 73-4 of the Code of 1933", so as to provide for a method of service of adoption proceedings upon parents who abandon the child to be adopted; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 20, 1969

751

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Conner Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R.

Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Miles Milford

Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Tloss Rowland Rush Russell Salem Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles, E. B. Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

752

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield
Bennett Bostick
Bo wen Brantley, H. L. Brooks Collier Cook Cooper Dean, J. E.

DeLong
Egan Geisinger
Hale Jones, C. M. Jordan, G. Leonard Longino Matthews, C. McCracken

McDaniell
Phillips, G. S. Pickard
Rainey Reaves Scarborough Smith, J. R. Wood Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB211. By Messrs. Westlake of the 75th and Farmer of the 16th:
A Bill to be entitled an Act to repeal Code Chapter 47-10, relating to lobbying; to repeal conflicting laws; and for other purposes.
The following substitute, offered by Mr. Westlake of the 75th, was read and adopted:
A BILL
To be entitled an Act to repeal Code Chapter 47-10, relating to lobbying, definition and punishment of lobbying, registration of at torneys or agents employed for the purpose of aiding or opposing legis lation, prohibition of contingent fees, reports of expenses, prohibition of attorneys and agents from the floor of either House; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 47-10, relating to lobbying, definition and punishment of lobbying, registration of attorneys or agents employed for the purpose of aiding or opposing legislation, prohibition of con tingent fees, reports of expenses, prohibition of attorneys and agents from the floor of either House, which reads as follows:
"CHAPTER 47-10. LOBBYING.
47-1001. Definition and punishment.--Lobbying is any per sonal solicitation of a member of the General Assembly, during a session thereof, by private interview, or letter, or message, or other means, not addressed solely to the judgment, to favor or oppose,

THURSDAY, FEBRUARY 20, 1969

753

or to vote for or against any bill, Resolution, report, or claim, pend ing or to be introduced in either branch thereof, by any person who misrepresents the nature of his interest in the matter of such member, or who is employed for a consideration by a person or corporation interested in the passage or defeat of such bill, Resolu tion, report, or claim, for the purpose of procuring the passage or defeat thereof. However, this shall not include such service as drafting petitions, bills, or Resolutions, attending to the taking of testimony, collecting facts, preparing arguments and memorials, and submitting them orally, or in writing, to a committee or mem ber of the General Assembly, and other services of like character, intended to reach the reason of the legislators. Lobbying shall be punished by confinement in the penitentiary for not less than one year nor more than five years.

47-1002. Registration of attorneys or agents employed.-- Every person retained or employed for compensation, as attorney at law, or agent, by any person, firm, corporation or association, or regularly retained counsel of the same, to aid or oppose, directly or indirectly, the enactment of a bill, or bills, Resolution or Resolutions, by either House of the General Assembly, shall before any service is entered upon in aiding or opposing such legislation, file in the office of the Secretary of State a writing, subscribed by such attorney at law or agent, stating the name, or names of the person, or persons, firm, or firms, corporation, or corporations, association or associa tions in whose behalf they are retained, or employed, together with a statement of the subject-matter of the legislation in reference to which such service is to be rendered. This registration shall be valid only for the term or session of the legislature in which the legislation referred to is pending. It shall be the duty of the Secretary of State to provide a suitable docket for registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to promptly enter therein the names of the parties appearing, and on whose behalf they appear, together with the subject-matter in reference to which service is to be rendered, which docket shall be open to inspection.

47-1003. Contingent fees prohibited.--No person, firm, cor poration or association shall retain or employ an attorney at law or agent to aid or oppose legislation, for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure. Nor shall any attorney at law or agent be employed to aid or oppose legislation for competition contingent, in whole or in part, upon the passage or defeat of any legislation.

47-1004. Reports of expenses.--Within two months after the adjournment of the legislature in which the legislation was pend ing in which they are interested, it shall be the duty of the person, firm, corporation or association to file in the office of the Secre tary of State an itemized statement verified by the oath of such person, or in case of a firm, by a member thereof, or in case of a domestic corporation or association, by an officer thereof, or in case of a foreign corporation or association, by an officer or agent thereof or an officer of said firm or corporation who is a resident of this State and conversant with the facts, showing in detail all

754

JOURNAL OF THE HOUSE,

expenses paid, incurred, or promised, directly or indirectly, in con nection with the legislation pending at the last previous session, with the names of the payees and the amounts paid each, also speci fying the nature of such legislation and the interest they had in

47-1005. Attorneys and agents excluded from halls.--It shall be unlawful for the regularly retained attorney or special attorney or agent, employed for a compensation, for any person, firm, cor poration or association, whether or not they have registered as required in section 47-1002, to go upon the floor of either House of the legislature while the same is in session and discuss privately measures then pending in the legislature.
47-1006. Punishment.--Any person violating any of the pro visions of the preceding four sections shall be guilty of a misde meanor.",
is hereby repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Atherton Ballard Barber Bell Blalock Brantley, H. H. Bray Burruss Games Gates Cato Collier Collins, S. Connell Cook Crowe
Davis, E. T.

Davis, W. DeLong Dent Dorminy Egan Evans Fallin Farmer Floyd, L. R. Gary Geisinger Gignilliat Horton Howell Johnson Jones, Herb Keyton
Knapp

Knowles Kreeger Lee, W. J. (Bill) Leonard Marcus Matthews, C. McDaniell Miles Miller Moate Morris Mullinax Northcutt Nunn Pafford Peterson Phillips, L. L.
Potts

THURSDAY, FEBRUARY 20, 1969

755

Rush Salem Scarborough Sherman

Simkins Sims Snow Sorrells

Townsend Vaughn Westlake Whaley

Those voting in the negative were Messrs.

Alexander Anderson Black Bohannon Brantley, H. L. Brown, B. D. Busbee Caldwell Clarke Cole Conger Dailey Daugherty Dean, N. Dickinson Douglas Ezzard Farrar Floyd, J. H. Funk Graves Gunter Hadaway Hargrett

Harris, J. F.
Harris, J. R. Harris, R. W. Hawes Hill, B. L. Hill, G. Hood Hudson Hutchinson Joiner Jordan, G. Jordan, H. S. Lambert Lane, W. J. Lee, W. S. Levitas Lewis Mason Mauldin McClatchey McCracken Milford Moore Murphy

Nessmith
Odom Paris Parker, H. W. Patterson Peters Phillips, W. R. Pinks ton Poole Rainey Roach Ross Rowland Russell Shanahan Shepherd Smith, J. R. Smith, V. T. Toles Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Barfield Battle Bennett Berry Bond Bostick Bo wen Brooks Brown, C. Buck Chandler Collins, M. Colwell Conner Cooper Dean, J. E. Dixon Dodson

Edwards Ellis Felton Gaynor Grahl Hale Hamilton Harrington Harrison Henderson Higginbotham Holder Housley Jones, C. M. Jones, M. Keen Longino Lowrey

Matthews, D. R. Maxwell Melton Merritt Nash Parker, C. A. Phillips, G. S. Pickard Reaves Scarlett Sweat Thomason Thompson, A. W. Thompson, R. Wamble Ware Wilson Mr. Speaker

On the passage of the Bill, the ayes were 66, nays 73.

756

JOURNAL OF THE HOUSE,

The Bill, having failed to receive the requisite constitutional majority, was lost .

Mr. Henderson of the 117th stated that he had been called from the floor of the House when the roll was called on each of the following Bills:
HB 409, as amended, HB 51 and HB 211, by substitute.

He requested that the Journal show that had he been present, he would have voted "aye" on each of the three Bills.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 21, 1969

757

Representative Hall, Atlanta, Georgia Friday, February 21, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.

The following prayer was offered by Rev. Martin Dewey Gable, Jr., Rector, Saint Martin-in-the-Fields Church, Atlanta, Georgia:

Almighty God;

Whose kingdom is everlasting and power infinite; have mercy upon

this whole land and so rule the hearts of Thy servants, the President of

the United States, the Governor of this State and members of the

General Assembly and all others in authority, that they, knowing whose

ministers they are may above all things seek Thy honour and glory; and

that we and all the people, duly considering whose authority they bear,

may faithfully and obediently honour them, according to Thy blessed

Word and ordinance; through Jesus Christ our Lord, who with Thee

and the Holy Ghost liveth and reigneth ever, one God, world without

end.

AMEN.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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.

758

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 523. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to create and establish an Airport Authority for the City of Madison; and for other purposes.
Referred to the Committee on Industry.

HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th:
A Bill to be entitled an Act to be known as the "Georgia Meat Inspection Act"; and for other purposes.
Referred to the Committee on Agriculture.

HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st:
A Bill to be entitled an Act to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied by any said county or municipality which is also levied and collected by the State Revenue Commissioner for the State; and for other purposes.
Referred to the Committee on Ways and Means.

HB 526. Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by City Annexation Ordinances; and for other purposes.
Referred to the Committee on Local Affairs.
HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return

FRIDAY, FEBRUARY 21, 1969

759

forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.
Referred to the Committee on Ways and Means.

HR 190-527. By Mr. Wamble of the 69th:
A Resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes.
Referred to the Committee on Natural Resources.

HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 529. By Messrs. Clarke of the 33rd, Smith of the 3rd and Lee of the 61st:
A Bill to be entitled an Act to provide that in certain counties there shall be but one governing authority to handle the duties, responsibilities and functions of all municipal and county affairs in such counties; and for other purposes.
Referred to the Committee on State of Republic.

HB 530. By Messrs. Kreeger, McDaniell, Housley, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 531. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

760

JOURNAL OP THE HOUSE,

HB 532. By Mr. Ployd of the 7th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-68, generally known as the General Appropri ations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for welcome centers established at places other than at the highway entrance to the State; and for other purposes.
Referred to the Committee on Appropriations.

HB 533. By Messrs. Lowrey, Graves and Toles of the 9th, Cato of the 68th, Davis of the 8th, Blalock of the 30th, Mauldin of the 12th, Nessmith of the 44th, Winkles of the 96th, Matthews of the 63rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the minimum punish ment prescribed for persons convicted of driving or operating vehicles under the influence of intoxicating liquors; and for other purposes.
Referred to the Committee on Highways.
HB 534. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 535. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss, Henderson and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.
Referred to the Committee on Local Affairs.

HB 536. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 21, 1969

761

HB 537. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 538. By Messrs. Harris of the 77th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, to repeal laws requiring the designation of any specific assistant attorney general as the counsel for any specific State department; to authorize the Attorney General to act through other designated attorneys; to provide that the Department of Law shall not be authorized to render legal opinions to private individuals; to provide that the Attorney General shall be authorized to initiate civil actions and proceedings in the name of the State; and for other purposes.
Referred to the Committee on Judiciary.

HB 539. By Messrs. Harris of the 77th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide that the Attorney General shall have the power to conduct investigations of State agencies, instru mentalities, officials and employees, and the performance of their public or official duties; to provide for subpoena power and enforcement thereof in connection with such investigations; and for other purposes.
Referred to the Committee on Judiciary.

HB 540. By Messrs. Matthews of the 63rd, Lane of the 44th and Hudson of the 84th:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that it shall be unlawful for any person to engage in certain demonstrations, protests or other activities or to refuse to leave certain buildings, other facilities or campuses when ordered to do so by certain persons or to knowingly and maliciously destroy, damage, deface or interfere with the use of certain property; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 541. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Thompson of the 86th:
A Bill to be entitled an Act to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with the foregoing; and for other purposes.
Referred to the Committee on Local Affairs.

762

JOURNAL OF THE HOUSE,

HB 542. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, so as to author ize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking-down of criminal felony cases; and for other purposes.
Referred to the Committee on Local Affairs.

HB 543. By Messrs. Whaley of the 93rd, Jones of the 87th, Salem and Rush of the 51st, Ellis of the 91st, Gignilliat of the 89th and others:
A Bill to be entitled an Act to amend an Act making it unlawful for any person to employ in any capacity whatsoever a person under 18 years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold, so as to provide that it shall be unlawful to permit any person under 18 to enter such place of business where alcoholic beverages are sold; and for other purposes.
Referred to the Committee on Industry.

HB 544. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the town of Port Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 545. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such im proved premises; and for other purposes.
Referred to the Committee on Local Affairs.

HB 546. By Messrs. Lane of the 101st, Horton, Felton and Gates of the 95th, Longino of the 98th, Gary, Lee and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to provide that all zoning and plan ning laws shall be governed by the general laws of the State; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 21, 1969

763

HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending1 and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 548. By Messrs. Marcus of the 105th, Thompson of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish informa tion from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and for other purposes.
Referred to the Committee on Ways and Means.

HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities, to furnish informa tion from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and or other purposes.
Referred to the Committee on Ways and Means.

HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Collins of the 72nd, Dean of the 19th, Lane of the 101st, Wood of the llth and Crowe of the 1st:
A Bill to be entitled an Act to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected there with; to define "armed conflict"; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 551. By Messrs. Farrar and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "State Coun cil for the Preservation of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas

764

JOURNAL OF THE HOUSE,

Commission as a State agency and a budget unit of the State govern ment; and for other purposes.
Referred to the Committee on Natural Resources.

HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 553. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.
Referred to the Committee on Local Affairs.

HB 554. By Mr. Hadaway of the 27th:
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 Twiggs, so as to change the compensation of the commissioners of said board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 555. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 556. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the com pensation of the chairman and members of said commission, and to provide for reimbursement of certain expenses; and for other purposes. Referred to the Committee on Local Affairs.

HB 557. By Messrs. Dorminy and Hudson of the 48th and Busbee of the 61st:
A Bill to be entitled an Act to amend subsection (g) of Code Section 92-1404, relating to the distribution of funds to counties for construction

FRIDAY, FEBRUARY 21, 1969

765

and maintenance of public roads, so as to provide for the time of sub mission of certificates of accumulation of funds and proof of deposit or investment of such funds; and for other purposes.
Referred to the Committee on Highways.

HR 193-557. By Messrs. Westlake of the 75th and Farmer of the 16th: A Resolution creating the Joint Committee to Study Laws that Relate to Lobbying; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 194-557. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th: A Resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 195-557. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th: 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.
HB 558. By Messrs. Westlake, Floyd, Havis and Higginbotham of the 75th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th: A Bill to be entitled an Act to amend an Act established in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the mem bers of the board of education; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of

766

JOURNAL OF THE HOUSE,

Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.

HB 503. By Messrs. Kreeger, Atherton, Wilson, Housley, Burruss and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.

HB 504. By Messrs. Kreeger, Housley, Atherton, Burruss, Wilson and Henderson of the 117th:
A Bill to be entitled an Act to provide for the compensation of the Judge of the Cobb County Juvenile Court; and for other purposes.

HB 505. By Messrs. Kreeger, Atherton, Housley and Burruss of the 117th:
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 amount of ad valorem tax which may be levied to support and maintain the public schools of said city; and for other purposes.

HB 506. By Messrs. Russell and Keyton of the 70th: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.
HB 507. By Mr. Matthews of the 63rd: A Bill to be entitled an Act to be known as the "Georgia Equine Act"; and for other purposes.
HB 508. By Messrs. Kreeger, Wilson, Atherton, Housley and Henderson of the 117th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
HB 509. By Mr. Rowland of the 42nd: A Bill to be entitled an Act to amend an Act creating emeritus offices for State House officials, so as to provide that in the event any person shall become eligible for appointment or shall have been appointed to

FRIDAY, FEBRUARY 21, 1969

767

an emeritus office or emeritus status as provided in said Act, his right to appointment to such emeritus office or emeritus status or to continue to hold such appointment and to draw salaries fixed therefor shall be suspended; and for other purposes.

HB 510. By Messrs. DeLong and Sherman of the 80th, Miles, Maxwell and Simkins of the 78th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district begin ning with the election in 1969, to a four-year term; and for other purposes.

HB 511. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating the Mineral Leasing Commission, so as to provide a summary procedure for short term leasing of State lands and waterbottoms for mining, dredging or otherwise removing sand, clay, muck, silt or minerals associated there with solely for fill material on land owned or otherwise controlled by the prospective lessee of the State; and for other purposes.

HB 512. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.

HB 513. By Mr. Matthews of the 63rd:
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 change the restrictions relating to the location of businesses for which licenses are issued under the Act; and for other purposes.

HB 514. By Messrs. McDaniell and Burruss of the 117th, Farrar of the 77th and Cook of the 95th:
A Bill to be entitled an Act to require safe construction and installation of boilers and pressure vessels; to provide for the safety of persons and property; and for other purposes.

HB 515. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Cook of the 95th, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to set the procedure for naming Judge pro tern of the City Court; and for other purposes.

768

JOURNAL OF THE HOUSE,

HB 516. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.

HB 517. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection districts within Whitfield County by the governing authority of said county; and for other purposes.

HB 518. By Mr. Brooks of the 17th:
A Bill to be entitled an, Act to change the terms of the Superior Court of Oglethorpe County; and for other purposes.

HB 519. By Messrs. Graves, Toles and Lowrey of the 9th, Wood of the llth and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other disabled veterans; and for other purposes.

HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall be paid; and for other purposes.

HR 189-520. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss and Henderson of the 117th:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.

HB 521. By Messrs. Bond of the lllth, Brown of the 110th, Alexander of the 108th, Horton and Gates of the 95th, Hood of the 99th and others:
A Bill to be entitled an Act to provide for the suspension of the duty to pay for dwellings certified to be unfit for human habitation in all municipalities of this State having a population of not less than 400,000; and for other purposes.

FRIDAY, FEBRUARY 21, 1969

769

HB 522. By Messrs. Collins of the 72nd and Davis of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change the definition of the word "agency" by deleting therefrom certain boards, commissions, de partments and other agencies which are presently exempt from the provisions of said Act so that said boards, commissions, departments and other agencies shall be covered by the provisions of said Act; and for other purposes.

SB 86. By Senators Hensley of the 33rd and Searcey of the 2nd:
A Bill to be entitled an Act to amend the existing eminent domain procedures, so as to provide that condemnees may draw only seventyfive percent of awards when appealing the amount of such awards to a higher tribunal; and for other purposes.

SB 91. By Senators Fincher of the 51st and Chapman of the 32nd: A Bill to be entitled an Act to amend Code Section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; and for other purposes.
SB 95. By Senator Chapman of the 32nd: A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse the County Com missioners or the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by full-time county em ployees working in State Institutions; and for other purposes.
Mr. Murphy of the 19th, Chairman of the Committee on Banks and Banking1, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 144. Do Pass. Respectfully submitted, Murphy of the 19th, Chairman.
Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

770 Mr. Speaker:

JOURNAL OP THE HOUSE,

Your Committee on Education has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 37. Do Pass. HB 168. Do Pass, as Amended. HB 176. Do Pass. HR 175. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

Mr. Rainey of the 49th, Chairman of the Committee on Game & Pish, sub mitted the following report:

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the follow ing Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 375. Do Pass.

Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene & 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 278. Do Pass, as Amended.

HB 429. Do Not Pass.

Respectfully submitted, Smith of the 3rd, Chairman.

FRIDAY, FEBRUARY 21, 1969

771

Mr. Pickard of the 84th, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bill and Resolution and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 296. Do Pass. HR 39- 68. Do Pass.

Respectfully submitted, Pickard of the 84th, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 473. Do Pass, as Amended.

HB 457. Do Pass.

HB 220. Do Pass.

HR 64-139. Do Pass, by Substitute.

HB 452. Do Pass.

HB

86. Do Pass.

Respectfully submitted,

Harris of the 77th,

Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

772

JOURNAL OF THE HOUSE,

HB 48. Do Pass. SB 106. Do Pass.

Respectfully submitted, Williams of the llth, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 161 be reported back to the House without recommendation. Respectfully submitted, McCracken of the 36th, Chairman.

Mr. Paris of the 14th, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 396. Do Pass.

Respectfully submitted, Paris of the 14th, Chairman.

Mr. Matthews of the 16th, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia, has had under considera tion the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

FRIDAY, FEBRUARY 21, 1969

773

HB 329. Do Pass. HB 433. Do Pass.

Respectfully submitted, Matthews of the 16th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 117-287. Do Pass. HR 131-375. Do Pass. HB 454. Do Pass.
Respectfully submitted, Melton of the 32nd Chairman.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 471. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 472. By Mr. Hadaway of the 27th:
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.

774

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 475. By Messrs. Graves, Toles and Lowrey of the 9th:
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 powers and duties of the Board of Trustees; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 476. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide that the city general elections be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City

FRIDAY, FEBRUARY 21, 1969

775

Manager and of the Rome City Commission with respect to the appoint ment, discharge and governing of chiefs of fire and police departments by placing these powers under the immediate control of the City Manager; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 478. By Messrs. Graves, Toles and Lowrey of the 9th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance companies; and for other purposes.
The report 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 480. By Messrs. Bostick and Matthews of the 63rd:

'

A Bill to be entitled an Act to amend an Act placing the Ordinary of Tift County upon a salary in lieu of a fee basis, so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 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 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

776

JOURNAL OF THE HOUSE,

HB 481. By Messrs. Bostick and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Tift County on a salary basis, so as to change the total amount of compensa tion to be paid deputies, jailers, clerks and assistants; and for other purposes.

The report 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 482. By Messrs. Mason and Nash of the 13th: A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 483. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, as amended, so as to provide that the judge of said court may engage in the general practice of law in certain courts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 21, 1969

777

HB 486. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employment of deputies; to provide how the personnel employed within the sheriff's office shall be compensated; and for other purposes.

The report 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 487. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the Compensation for the members of the board of roads and revenues of Jefferson County, etc.;", as amended, so as to change the compensa tion of the commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 492. By Mr. Clarke of the 33rd: A Bill to be entitled an Act to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide an annual salary for such officer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

778

JOURNAL OF THE HOUSE,

HB 493. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse; and for other purposes.

The report 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 494. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Com missioner of Rockdale County), as amended, so as to change the salary of said 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 495. By Messrs. Vaughn and Jordan of the 74th: A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 21, 1969

779

HB 496. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to fix the compensation of the clerk of the superior court of Rockdale 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 497. By Messrs. Vaughn and Jordan of the 74th: A Bill to be entitled an Act to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system, as amended, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

SB 63. By Senator Coggin of the 35th:
A Bill to amend an Act incorporating Union City, approved August 17, 1908, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.

SB 117. By Senator Kennedy of the 4th:
A Bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees and compensation

780

JOURNAL OF THE HOUSE,

now allowed by law, approved Feb. 27, 1947 (Ga. L. 1947, p. 208), as amended, so as to change the amount of said monthly allowance; to provide an effective date) and for other purposes.

SB 124. By Senator Reynolds of the 48th:
A Bill to amend an Act creating a new charter for the City of Lawrenceville, approved Aug. 19, 1912 (Ga. L. 1912, p. 1043), as amended, so as to provide that the mayor and councilmen shall be elected by a majority vote; to provide for a runoff election; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 34. By Mr. Gunter of the 6th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Habersham County, so as to provide for countywide voting by the voters when electing said commissioners; to change the compensation of said commissioners; and for other purposes.

HB 122. By Messrs. Conger of the 68th, Moate of the 28th, Smith of the 39th, and others:
A Bill to amend an Act to fix the salaries of the Judges of the Superior Courts; and for other purposes.

HB 180. By Messrs. Cole and Leonard of the 3rd: A Bill to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, so as to define the term "orphan"; and for other purposes.
HB 206. By Messrs. Dorminy and Hudson of the 48th: A Bill to amend an Act creating a Board of Commissioners of Turner County, so as to change the compensation of the chairman and other members of the board; and for other purposes.
HB 222. By Mr. Sorrells of the 24th: A Bill to provide a new charter for the Town of Walnut Grove; and for other purposes.
HB 224. By Messrs. Mullinax, Ware, Potts and Blalock of the 30th: A Bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits; and for other purposes.

FRIDAY, FEBRUARY 21, 1969

781

HB 247. By Messrs. Dorminy of the 48th and Hudson of the 48th:
A Bill to amend an Act placing the sheriff of Turner County upon an annual salary, so as to provide for the reimbursement of the sheriff for expenses incurred while on official business outside of the State of Georgia; and for other purposes.

HB 265. By Messrs. Caldwell and Smith of the 39th:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes.

HB 291. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to amend an Act creating a new charter for the City of Albany, so as to separate the offices of City Clerk and City Treasurer; and for other purposes.

HB 293. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act incorporating the Town of Forest Park (now City of Forest Park), so as to change the corporate limits of said city; and for other purposes.

HB 298. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to provide for the compensation of the chairman; and for other purposes.

HB 299. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Tattnall County, so as to change the compensation of the chairman, and for other purposes.

HB 300. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, so as to change the salary of said clerk and his employees; and for other purposes.

HB 302. By Mr. Peters of the 2nd:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa (now the Commissioner of

782

JOURNAL OF THE HOUSE,

Catoosa County), so as to change the compensation of said commissioner and the clerical assistant thereof; and for other purposes.

HB 309. By Mr. Dailey of the 53rd:
A Bill to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the amount of compensation that may be paid to the deputy clerk or clerical as sistant; and for other purposes.

HB 310. By Mr. Dailey of the 53rd:
A Bill to amend an Act placing the Ordinary of Randolph County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Randolph County; and for other purposes.

HB 311. By Mr. Dailey of the 53rd:
A Bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the com pensation of the sheriff and deputy sheriff of Randolph County; and for other purposes.

HB 312. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend the Charter of the City of Montezuma, so as to change the date for the holding of elections; and for other purposes.
HB 313. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and City Court Clerk in the County of Sumter and providing a salary system in lieu thereof, so as to change the compensation of said clerk and one of his clerks; and for other purposes.
,HB 314. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend an Act abolishing the fee system of compensation for the Sheriff of Schley county, so as to change the compensation of said sheriff; and for other purposes.
HB 315. By Mrs. Merritt and Mr. Parker of the 46th: A Bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the solicitor of the city court of Oglethorpe; and for other purposes.

FRIDAY, FEBRUARY 21, 1969

783

HB 316. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the compensation of the judge of the city court of Oglethorpe; and for other purposes.

HB 325. By Messrs. Moore and Gunter of the 6th:
A Bill to amend Code Section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, so as to provide that such limitations shall not apply to the City of Toccoa; and for other purposes.

HB 326. By Messrs. Moore and Gunter of the 6th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue in the County of Stephens, so as to provide for an addi tional meeting date each month; to change the compensation of said commissioners; and for other purposes.

HB 340. By Mr. Paris of the 14th:
A Bill to amend an Act providing a new charter for the City of Statham, so as to authorize the proper officials of the City of Statham to vacate and convey a specifically described piece of real property on 4th Street in exchange for certain specifically described property in order to extend Railroad Street; and for other purposes.

HB 341. By Mr. Paris of the 14th:
A Bill to amend an Act providing a new Charter for the City of Statham, so as to provide that the corporate power of the city, to be exercised by the City Council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.

HB 364. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County, so as to change the salary of the sheriff, his two deputies, and to increase the allowance for jail means; and for other purposes.

HB 370. By Mr. Phillips of the 50th:
A Bill to amend an Act creating a new Charter for the City of Mount Vernon, Montgomery County, so as to change the term of office of the Mayor and Councilmen; to provide that no Councilman shall be eligible

784

JOURNAL OF THE HOUSE,

to run for Mayor unless he resigns as a Councilman; and for other purposes.

HB 371. By Mr. Brantley of the 52nd:
A Bill to amend an Act providing a new charter for the City of Metier, so as to change the corporate limits of said city; and for other purposes.

SB 26. By Senator Jackson of the 16th:
A Bill to amend an Act relating to the salaries of Justices of the Su preme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. L. 1957, p. 205), as amended, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to provide effective dates; to repeal conflicting laws; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 30. By Mr. Levitas of the 77th: A Bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.
HB 297. By Messrs. Rush and Salem of the 51st: A Bill to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.

HB 369. By Mr. Phillips of the 50th:
A Bill to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.

The Senate has adopted, as amended, the following Resolution of the House, to-wit:

HR 192. By Messrs. Smith of the 43rd and Busbee of the 61st: A Resolution relative to adjournment; and for other purposes.

FRIDAY, FEBRUARY 21, 1969

785

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 131. By Senators Stephens of the 36th, Hardy of the 56th, Chapman of the 32nd, and others:
A Bill to require the employer of any laborer (who is paid on an hourly basis) and who fires or involuntarily dismisses or separates such labo rer from employment to pay said laborer all sums due to him for serv ices rendered, within seven calendar days of the date such laborer is fired, involuntarily dismissed or separated; and for other purposes.

SB 132. By Senators Stephens of the 36th, Garrard of the 37th, Hardy of the 56th, and others:
A Bill to provide that no person, firm, or corporation shall employ or use any juvenile for the purposes of soliciting money or objects of value; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 37. By Senator Carter of the 14th: A Resolution creating the Providence Canyon Study Committee; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 37. By Senator Carter of the 14th:
A Resolution creating the Providence Canyon Study Committee; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 26. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.

786

JOURNAL OF THE HOUSE,

SB 63. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act incorporating Union City, relating to compensation of mayor and city council; and for other purposes.
Referred to the Committee on Local Affairs.

SB 117. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees and compensation now allowed by law, so as to change the amount of said monthly allowance; and for other purposes.
Referred to the Committee on Local Affairs.

SB 124. By Senator Reyonlds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the mayor and councilmen shall be elected by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.

SB 131. By Senators Stephens of the 36th, Hardy of the 56th, Chapman of the 32nd, and others:
A Bill to be entitled an Act to require the employer of any laborer (who is paid on an hourly basis) and who fires or involuntarily dismisses or separates such laborer from employment to pay said laborer all sums due to him for services rendered, within 7 calendar days of the date such laborer is fired, involuntarily dismissed or separated; and for other purposes.
Referred to the Committee on Industry.

SB 132. By Senators Stephens of the 36th, Garrard of the 37th, Hardy of the 56th, and others:
A Bill to be entitled an Act to provide that no person, firm, or corpora tion shall employ or use any juvenile for the purposes of soliciting money or objects of value; and for other purposes.
Referred to the Committee on Industry.

The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HR 192. By Messrs. Smith of the 43rd and Busbee of the 61st: A Resolution relative to adjournment; and for other purposes.

FRIDAY, FEBRUARY 21, 1969

787

The following Senate amendment was read:

Senator Coggin of the 35th moves to amend HR 192 by striking the figure and words "12:00 o'clock noon" where it appears on line 3 of the Resolution; and inserting in lieu thereof the figures and letters: "2:00 p.m."

Mr. Jones of the 59th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 113, nays.

The motion prevailed, and the Senate amendment to HR 192 was agreed to.

Mr. Carnes of the 104th moved that the House reconsider its action in giving the requisite constitutional majority the following Bill of the House:

HB 87. By Messrs. Miller of the 83rd, Evans, Scarborough, Pinkston, Keen and Knapp of the 81st:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Ballard Bennett Bostick Bowen Brooks Buck Carnes Gates

Conger Douglas Ezzard Felton Harris, R. W. Jones, C. M. Jones, M. Levitas Marcus

McClatchey Moate Phillips, W. R. Rowland Sorrells Thomason Thompson, A. W. Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams Anderson Atherton Barber Battle

Black Bohannon Brantley, H. H. Brown, B. D. Brown, C.

Burruss Caldwell Chandler Clarke Cole

788

JOURNAL OF THE HOUSE,

Collier Collins, M. Collins, S.
Cook Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Edwards Egan Ellis Evans Farrar
Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl
Graves Gunter Hadaway Hamilton Hargrett Harrington

Harris, J. F. Harris, J. R. Higginbotham Hill, G. Horton Housley Howell Hudson Hutchinson Jones, Herb Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miller Moore Mullinax Nash Nessmith

Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, L. L. Pinkston Potts Ross Rush Russell Salem Shanahan Shepherd Sherman Simkins Smith, V. T. Sweat Toles Townsend Vaughn Wamble Ware Westlake Whaley Winkles Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bell Berry Blalock Bond Brantley, H. L. Bray Busbee Cato Colwell Connell Conner Cooper Daugherty DeLong Fallin Farmer Gaynor

Hale Harrison, R. W. Hawes Henderson Hill, B. L. Holder Hood Johnson
Joiner Jordan, G. Knowlea Lambert Lewis Longino Mason McCracken Miles Milford

Morris Murphy Odom Peters Phillips, G. S. Pickard Poole Rainey Reaves Roach Scarborough Scarlett Sims Smith, J. R. Snow Thompson, R. Mr. Speaker

On the motion, the ayes were 27, nays 113.

FRIDAY, FEBRUARY 21, 1969

789

The motion was lost.

Mr. Egan of the 116th asked unanimous consent that HB 87 be immediately transmitted to the Senate.

The consent was granted, and HB 87 was ordered immediately transmitted.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

369. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Soperton, so as to change the name of said court to the "State Court of Treutlen"; to change the salary of the judge and solicitor; and for other purposes.

The following Senate amendment was read:

Senate County and Urban Affairs Committee moves to amend HB 369 as follows:
By adding in the title after the following: "(Ga. Laws 1919, p. 519),", the following: "as amended,", and By adding in Section 1 after the following: "(Ga. Laws 1919, p. 519),", the following: "as amended,".

Mr. Phillips of the 50th moved that the House agree to the Senate amendment: On the motion to agree, the ayes were 103, nays 0.

790

JOURNAL OF THE HOUSE,

The motion prevailed, and the Senate amendment to HB 369 was agreed to.

, Mr. Hood of the 99th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 197. By Mr. Smith of the 43rd:
A RESOLUTION
Wishing a speedy recovery for Honorable Don L. Knowles; and for other purposes.
WHEREAS, Honorable Don L. Knowles, Representative from Dis trict No. 22, Henry County, was severely injured in an automobile acci dent on February 20, 1969, and is confined in Georgia Baptist Hospital; and
WHEREAS, he has evidenced a keen sense of responsibility and loyalty to his constituents during the short time he has been a member of this body; and
WHEREAS, he is an outstanding freshman member of the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby extended to Honorable Don L. Knowles and the members of this body wish for him a most speedy recovery and return to the deliberations 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 L. Knowles.
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 L. Knowles.

HR 198. By Messrs. Levitas of the 77th, Morris of the 73rd, Dean of the 76th, Ezzard of the 102nd, Gates of the 95th and Thomason of the 77th:
A RESOLUTION
Commending the Atlanta Chiefs; and for other purposes.
WHEREAS, the Atlanta Chiefs, during their second year of com petition in the North American Soccer League, experienced a most dis-

FRIDAY, FEBRUARY 21, 1969

791

tinguished and rewarding season which culminated in the Atlanta Chiefs winning the North American soccer League Championship; and

WHEREAS, the Atlanta Chiefs has the distinct honor of being Georgia's first major league professional team to win a national cham pionship; and

WHEREAS, all of the citizens of the State of Georgia experienced a great deal of pride in observing the fine athletes composing this splendid team display their athletic skills and high degree of sports manship during their most successful campaign for the league cham pionship; and

WHEREAS, a deep debt of gratitude is owed by the State of Geor gia to these fine athletes, their coach and owner for their distinguished past performance and championship abilities.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby extend its warmest and most heartfelt commendation and congratulations to the members of the Atlanta Chiefs Soccer Team, to their excellent coach, and to their owner, the Atlanta Braves.
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 Bill Bartholomew, President of the Atlanta Braves.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 31. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the practice of veterinary medicine, as amended, so as to require the attendance of applicants for renewal licenses at educational programs prior to the renewal of licenses to practice veterinary medicine; to provide the procedure connected therewith; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Ballard Barber Black Bray

Brown, C. Clarke Collier Connell

Dailey DeLong Dorminy Douglas

792
Edwards Evans Felton Floyd Gaynor Geisinger Grahl Harrington Hill, G. Hudson Jordan, H. S. Keyton Lambert Lane, W. J. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Matthews, C. Matthews, D. R. Maxwell McClatchey Merritt Miles Moate Morris, L. Nessmith Northcutt Nunn Peterson Phillips, W. R. Pinkston

Poole Roach Ross Rowland Rush Russell Sherman Simpkins Townsend Wamble Whaley Wheeler, Bobby Wheeler, J. A. Winkles

Those voting in the negative were Messrs.:

Adams Alexander Anderson Atherton Berry Bohannon Bowen Brantley, H. H. Buck Burruss
Gates Cole Cook Crowe Davis Dean, J. E. Dean, N. Dent Dickinson Dodson Egan Ellis Farmer Farrar Floyd, J. H. Gary

Gignilliat Graves Gunter Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Hill, B. L. Holder Hood Housley Howell Hutchinson Joiner, F. A. Jones, C. M. Jones, Herb Keen Knapp Kreeger Lee, W. S. Leonard Le vitas Lowrey Marcus Mason

Mauldin Melton Milford Miller Moore Mullinax Nash Pafford Parker, C. A. Patterson Phillips, G. S. Potts Shanahan Shepherd Sims Smith, J. R Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Vaughn Ware Westlake Wood

Those not voting were Messrs. :

Barfield
Battle Bell Bennett Blalock Bond Bostick

Brantley, H. L. Brooks Brown, B. D. Busbee Caldwell Carnes Cato

Chandler Collins, M. Collins, S. Colwell Conger Conner Cooper

Daugherty Davis, W. Dixon Ezzard Fallin Funk Hadaway Hale Harris, R. W. Hawes Henderson Higginbotham Horton

FRIDAY, FEBRUARY 21, 1969

793

Johnson Jones, M. Jordan, G. Knowles Lane, Dick Lewis Longino McCracken McDaniell Murphy Odom Paris Parker, H. W.

Peters Phillips, L. L. Pickard Rainey Reaves Salem Scarborough Scarlett Snow Thompson, R. Williams Wilson Mr. Speaker

On the passage of the Bill, the ayes were 55, nays 78.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Williams of the llth stated that he had been called from the floor of the House when the roll was called on HB 31, but had he been present would have voted "aye".

Mr. Douglas of the 42nd 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 31.

HB 304. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be invested in securities of the States, United State, municipalities of the State, or certificates of deposit; 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 Atherton Ballard

Barber Battle
Berry Black Bohannon

Bostick Bowen
Brantley, H. H. Bray Brooks

794
Brown, C. Buck Burruss Caldwell Carnes Gates Clarke Cole Collier Collins, M. Conger Council Conner Cook Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hamilton Hargrett

JOURNAL OF THE HOUSE,

Harrington Harris, J. F. Harris, J. R. Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Joiner, F. A.
Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford Miller Mo ate Moore Mullinax Murphy

Nash Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Ross Rowland Rush Russell Salem Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W.
Toles
Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bell Bennett Blalock Bond Brantley, H. L. Brown, B. D. Busbee Cato

Chandler Collins, S. Colwell Cooper Daugherty DeLong Tallin Farrar Floyd, J. H.

Funk Hadaway Hale Harris, R. W. Harrison Hawes Henderson Howell Johnson

FRIDAY, FEBRUARY 21, 1969

795

Jordan, G. Knowles Lewis Longino Matthews, C. Matthews, D. B. McCracken Melton

Morris Odom Pafford Peters Phillips, G. S. Pickard Rainey Reaves

Scarborough Scarlett Simkins Snow Thompson, R. Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 458. By Messrs Collins and Geisinger of the 72nd, Brantley of the 114th, Floyd and Davis of the 75th, Collins of the 62nd and others:
A Bill to be entitled an Act to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.

By unanimous consent, the clerk was directed to correct the following typographical error:
Change the figures 26-301 to 26-3301 where the same appear in said Bill.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Battle Berry Black Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L.

Bray Brooks Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes Gates Chandler Cole Collier Collins, M.

Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dent Dickinson

796
Dixon Dodson Dorminy Douglas Edwards Egan Evans Ezzard Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, G. Holder Horton Housley Howell Hudson Hutchinson Jonier, F. A. Jones, C. M. Jones, Herb

JOURNAL OF THE HOUSE,
Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Marcus Mason Matthews, C. Mauldin Maxwell McDaniell Merritt Milford Miller Moate Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson

Peterson Phillips, G. S. Phillips, L. L. Pinkston
Poole Potts Roach Ross Rowland Rush Russell Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles, F. L. Williams Wilson Wood

Those voting in the negative were Messrs.:

Alexander Hood

Clarke

Hill, B. L.

Those not voting were Messrs.:

Barfield Bell Bennett Blalock Bond Busbee Cato Conner Daugherty Dean, J. E.

DeLong Ellis Fallin Floyd, J. H. Funk Hadaway Hale Hamilton Harris, R. W. Hawes

Johnson Jordan, G. Knowles Le vitas Lewis Lowrey Matthews, D. R. McClatchey McCracken Melton

FRIDAY, FEBRUARY 21, 1969

797

Miles Morris Odom Peters Phillips, W. R.

Pickard Rainey Reaves Salem Scarborough

Scarlett Snow Thompson, R. Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

HB 244. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to amend an Act relative to the taxation of cigars and cigarettes, as amended, so as to impose certain duties on dealers and distributors; 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.:

Alexander Anderson Atherton Barber Battle Bell Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck, Burruss Caldwell Games Gates Chandler

Clarke Cole Collier Celling, M. Collins, S. Conger Connell Cook Crowe Dailey Davis, E. T. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard

Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Higginbotham Hill, B. L. Hill, G. Holder

798
Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R.

JOURNAL OF THE HOUSE,

Mauldin Maxwell Merritt Milford Miller Morris Mullinax Murphy Nash Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinks ton Poole Potts Ross

Rowland Rush Russell
Salem Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilson Wood

Voting in the negative were Messrs. Ballard and W. S. Lee.

Those not voting were Messrs.:

Adams Barfield Bennett Blalock Bond Busbee Cato Colwell Conner Cooper Daugherty Davis, W. Dean, J. E. DeLong Pallin Funk Gunter

Hale Harris, R. W. Henderson Howell Johnson Jones, Herb Jordan, G. Knowles Lewis Longino McClatchey McCracken McDaniel Melton Miles Moate Moore

Nessmith Odom Peters Pickard Rainey Reaves Roach Scarborough Scarlett Smith, V. T. Snow Thompson, R. Ware Westlake Williams Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 21, 1969

799

Mr. Jones of the 87th stated that he had been called from the floor of the ; House when the roll was called on HB 244, but had he been present he would have voted "aye".

HB 381. By Mrs. Hamilton of the 112th, Brown of the 110th, Marcus of the 105th, Adams of the 100th, Townsend of the 115th and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to mu nicipalities from conducting non-partisan primaries; to delete therefrom all references to non-partisan primaries; and for other purposes.

The following substitute, offered by Mr. Marcus of the 105th, was read and adopted:
A BILL
To be entitled an Act to amend Code Title 34A, relating to mu nicipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; to delete therefrom all references to non-partisan primaries; to authorize certain municipalities to provide that no po litical party may conduct primaries for the purpose of nominating candidates for municipal elections; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Title 34A, relating to municipal elections, is hereby amended by striking in its entirety Code Section 34A-905, relating to the conduct of primaries and non-partisan primaries, and substituting in lieu there of a new Code Section to read as follows:
"Section 34A-905. Primaries to be conducted only by political parties; conduct of primaries.--Only a political party as defined in this Code may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regu lations of such party not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be conducted in such manner as to guarantee the secrecy of the ballot. No municipality may conduct a non-partisan primary. Municipalities having a population in excess of 300,000 according to the 1960 U. S. decennial census or any such future census may provide by their charter or ordinance that no political party shall conduct primaries for the purpose of nominating candi dates for municipal elections."

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SECTION 2

Said Title is further amended by striking in their entirety Code Section 34A-912, relating to the calling and holding of non-partisan primaries; Code Section 34A-913, relating to the qualification of candi dates in non-partisan primaries; and Code Section 34A-914, relating to the expenses of non-partisan primaries.

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 112, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Cook of the 95th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 381, by substitute.

HB 107. By Mrs. Merritt of the 46th, Messrs. Adams of the 100th, Hargrett of the 58th, Ezzard of the 102nd, Dean of the 76th and Hood of the 99th:
A Bill to be entitled an Act to amend Chapter 74-4 of the Code of Geor gia, relating to adoption, as amended, so as to provide that it shall be un lawful for the parent of any child to advertise that he or she will sell or part with the said child, or in any manner become party to the separa tion of the said child except through the provisions of this Chapter; and for other purposes.

By unanimous consent, HB 107 was recommitted to the Committee on Welfare for further study.

Pursuant to the provisions of HR 192, adopted by the House and Senate, Mr. Harris of the 77th moved that the House do now adjourn until 10:00 o'clock, Mon day morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning.

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801

Representative Hall, Atlanta, Georgia Monday, February 24, 1969

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. Jack Tillman, Pastor, Little Horse Creek Baptist Church, Sylvester, Georgia.

The roll was called and the following members answered to their names.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner

Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R.

Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Horton Housley Howell Hudson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell

802
Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters

JOURNAL OF THE HOUSE,

Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush
Russell Salem Scarborough Scarlett Sheperd Sherman Simkins

Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake
Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call upon any Bill on the General Calendar in any order that he desires.

The following communication from the Honorable Ben W. Fortson, Jr., Secre tary of State, was received and read:

MONDAY, FEBRUARY 24, 1969

80S

February 24, 1969

Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of the special election held on the 18th day of February, 1969, in the 4th District, Fannin and Gilmer Counties, Georgia, for the purpose of electing a Representative to the General Assembly from the 4th Dis trict, show the following result:
FANNIN COUNTY:
Howard Kaylor--__.__-_._.____.____Received _______________. 2,464 votes
Howard Simmons_---_.._----__-_____Received ._.____~---_,,___._--____2,357 votes

GILMER COUNTY: Howard Kaylor_._..__.__._______Received ---_-_--__--____._ 951 votes Howard Sinunons----_-_-_________Received ___________..._.1,637 votes James D. Callihan (write-in) _____________Received _._.___________ 1 vote
Given under my hand and seal of office on this the 24th day of February, 1969.

(SEAL).

/s/ Ben W. Fortson Secretary of State

The oath of office was administered to Honorable Howard Simmons by Honorable Hiram K. Undercofler, Associate Justice, Supreme Court of Georgia.

The following communication from the Honorable George L. Smith II, Speaker of the House of Representatives, was received:
February 24, 1969
Honorable Glenn W. Ellard Clerk, House of Representatives Room 309--State Capitol Atlanta, Georgia
Dear Jack:
I am today appointing Representative Howard Simmons, District 4, to the following committees of the House:

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1. Highway 2. State of Republic 3. Banks and Banking

Representative Simmons is also assigned to Seat 182 in the House.

Sincerely yours, I si George L. Smith II

GLS:eph CC: Honorable Jack Ray, State Treasurer
Honorable Ben W. Fortson, Jr., Secretary of State Honorable Claurenee Vaughn, Chairman, Highway Honorable J. Roy McCracken, Chairman, State of Republic Honorable Thomas B. Murphy, Chairman, Banks & Banking Honorable Gary Bond, Fiscal Officer Honorable Frank Edwards, Legislative Counsel

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to delete from Titles 34 and 34A, relating to elections, those pro visions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other purposes.
Referred to the Committee on State of Republic.

HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th and Howell of the 60th:
A Bill to be entitled an Act to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the General Election Code; and for other purposes.
Referred to the Committee on State of Republic.

HB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to pro vide that special elections called for the purpose of filling vacancies in

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805

the office of the ordinary shall be conducted in conformity with the Georgia Election Code; and for other purposes.
Referred to the Committee on State of Republic.

HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th, and Howell of the 60th:
A Bill to be entitled an Act to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide for the pro cedures connected with the returns of primaries and elections; and for other purposes.
Referred to the Committee on State of Republic.

HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the preparation for the conduct of primaries and elections, so as to re organize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.
Referred to the Committee on State of Republic.

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th and Lambert of the 25th, Parker of the 46th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day of the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.
Referred to the Committee on State of Republic.

HB 565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th and Howell of the 60th:
A Bill to be entitled an Act to amend Code Section 24-406, relating to the method of filling vacancies in the office of justice of the peace, so as to provide that special elections called for the purpose of filling vacancies in the office of justice of the peace shall be conducted in conformity with the Georgia Election Code; and for other purposes.
Referred to the Committee on State of Republic:

HR 196-565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Resolution proposing an amendment to the Constitution so as to pro vide that, unless the amendment itself shall provide otherwise, an

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amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on State of Republic.

HB 566. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-1106, relating to the collection of school taxes by tax collector of tax commissioner, and the commissions allowed therefor, so as to provide that in those counties where the tax collector or tax commissioner is on a salary basis, no commission shall be paid, and the full amount of all school taxes col lected shall be paid over to the county board of education; and for other purposes.
Referred to the Committee on State of Republic.

HB 567. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provisions thereof relative to filling vacancies in said office; and for other purposes.
Referred to the Committee on State of Republic.

HB 568. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 88-1807, relating to the issuance or revenue anticipation certificates by hospital authorities, so as to provide that no resolution for issuance and sale of revenue anticipation certificates by a hospital authority shall be valid until the qualified voters of the county or municipality have approved the resolu tion in a referendum election; and for other purposes.
Referred to the Committee on State of Republic.

HB 569. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act amending and revising the Charter of the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor . . .", relating to territorial limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th, Harrison of the 66th, Gignilliat of the 89th, Whaley of the 93rd and others:
A Bill to be entitled an Act to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to provide for the establishment

MONDAY, FEBRUARY 24, 1969

807

of marine resources extension centers; to reconstitute the membership of the Board of Trustees; and for other purposes.
Referred to the Committee on University of Georgia.

HB 571. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend Title 92 of the Code of Georgia, relating to Public Revenue, so as to provide that all taxes due the State or any county remaining unpaid on December 1 in each year shall be gin bearing interest from said date; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 572. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance govern ing the operation, licensing, registration, maintenance and inspection of motor vehicles without a warrant; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 573. By Mr. Connell of the 79th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.
Referred to the Committee on Motor Vehicle.

HB 574. By Messrs. Davis, Floyd, Higginbotham and Westlake of the 75th, Dean of the 76th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating a chairman and board of county commissioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commis sion to publish additional information; and for other purposes.
Referred to the Committee on Local Affairs.

HB 575. By Messrs. Levitas and Harris of the 77th, Egan of the 116th, Horton of the 95th, Dodson of the 82nd and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the amount of funds needed by a county or area school system to pay ex penses of pupil transportation shall be paid entirely from State funds and shall not be considered in determining local units of administra-

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tions' shares of the cost of supporting the Minimum Foundation Pro gram of Education; and for other purposes.
Referred to the Committee on Education.

HR 199-575. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st:
A Resolution authorizing the Governor to convey and easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 200-575. By Messrs. Chandler and Harrington of the 34th:
A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 201-575. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 576. By Mrs. Hamilton of the 112th and Mr. Horton of the 95th:
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 Board of Aldermen; 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 523. By Mr. Lambert of the 25th: A Bill to be entitled an Act to create and establish an Airport Au thority for the City of Madison; and for other purposes.
HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th: A Bill to be entitled an Act to be known as the "Georgia Meat In spection Act"; and for other purposes.

MONDAY, FEBRUARY 24, 1969

809

HB 525. By Messrs. Melton of the 32nd, Wamble of the 69th and Peterson of the 41st.
A Bill to be entitled an Act to authorize the State Revenue Commis sioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied by any said county or municipality which is also levied and collected by the State Revenue Commissioner for the State; and for other purposes.

HB 526. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by City Annexation Ordinances; and for other purposes.

HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.

HR 190-527. By Mr. Wamble of the 69th:
A Resolution authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes.

HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.

HB 529. By Messrs. Clarke of the 33rd, Smith of the 3rd and Lee of the 61st:
A Bill to be entitled an Act to provide that in certain counties there shall be but one governing authority to handle the duties, responsi bilities and functions of all municipal and county affairs in such coun ties; and for other purposes.

HB 530. By Messrs. Kreeger, McDaniell, Housley, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority

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of Cobb County., may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.

HB 531. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.

HB 532. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-68, generally known as the General Appro priations Act, so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for welcome centers established at places other than at the highway entrance to the State; and for other purposes.
HB 533. By Messrs. Lowrey, Graves and Toles of the 9th, Cato of the 68th, Davis of the 86th, Blalock of the 30th, Mauldin of the 12th, Nessmith of the 44th, Winkles of the 96th, Matthews of the 63rd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the minimum punish ment prescribed for persons convicted of driving or operating vehicles under the influence of intoxicating liquors; and for other purposes.
HB 534. By Mr. Brantley of the 52nd:
A Bill to be enttiled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.

HB 535. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss, Henderson and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.

HB 536. By Messrs. Lane of the 101st, Horton, Pelton, Gates and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.

MONDAY, FEBRUARY 24, 1969

811

HB 537. By Messrs. Lane of the 101st, Horton, Felton, Gates and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.

HB 538. By Messrs. Harris of the 77th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, to repeal laws requiring the designation of any specific assistant attorney general as the counsel for any specific State department; to authorize the Attorney General to act through other designated attorneys; to provide that the Department of Law shall not be authorized to render legal opinions to private individuals; to provide that the Attorney General shall be authorized to initiate civil actions and proceedings in the name of the State; and for other purposes.

HB 539. By Messrs. Harris of the 77th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide that the Attorney General shall have the power to conduct investigations of State agencies, instru mentalities, officials and employees, and the performance of their public or official duties; to provide for subpoena power and enforcement thereof in connection with such investigations; and for other purposes.

HB 540. By Messrs. Matthews of the 63rd, Lane of the 44th and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that it shall be unlawful for any person to engage in certain demonstrations, protests or other activi ties or to refuse to leave certain buildings, other facilities or campuses when ordered to do so by certain persons or to knowingly and maliciously destroy, damage, deface or interfere with the use of certain property; and for other purposes.

HB 541. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Thompson of the 86th:
A Bill to be entitled an Act to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with the foregoing; and for other purposes.

HB 542. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, so as to author-

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ize the judges of said judicial circuit to employ two full-time official court reporters and fix their compensation for their attendance upon the said superior court and for the taking-down of criminal felony cases; and for other purposes.

HB 543. By Messrs. Whaley of the 93rd, Jones of the 87th, Salem and Rush of the 51st, Ellis of the 91st, Gignilliat of the 89th and others:
A Bill to be entitled an Act to amend an Act making it unlawful for any person to employ in any capacity whatsoever a person under 18 years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold, so as to provide that it shall be unlawful to permit any person under 18 to enter such place of business where alcoholic beverages are sold; and for other purposes.

HB 544. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.

HB 545. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such im proved premises; and for other purposes.

HB 546. By Messrs. Lane of the 101st, Horton, Felton and Gates of the 95th, Longino of the 98th, Gary, Lee and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to provide that all zoning and plan ning laws shall be governed by the general laws of the State; and for other purposes.

HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.

HB 548. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, so as to pro-

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813

vide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities to furnish in formation from State tax returns, including State income tax returns, to the proper counties and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; and or other purposes.

HB 549. By Messrs. Marcus of the 105th, Thomason of the 77th, Connell of the 79th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of counties and municipalities, to furnish informa tion from State income tax returns, to the proper county and municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; and for other purposes.

HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Collins of the 72nd, Dean of the 19th, Lane of the 101st, Wood of the llth and Crowe of the 1st:
A Bill to be entitled an Act to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected there with; to define "armed conflict"; and for other purposes.

HB 551. By Messrs. Farrar and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Com mission as a State agency and a budget unit of the State government; and for other purposes.

HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 553. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.

HB 554. By Mr. Hadaway of the 27th:
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 Twiggs, so as to

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change the compensation of the commissioners of said board; and for other purposes.

HB 555. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.

HB 556. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compen sation of the chairman and members of said commission, and to provide for reimbursement of certain expenses; and for other purposes.

HB 557. By Messrs. Dorminy of the 48th, Hudson of the 48th and Busbee of the 61st:
A Bill to be entitled an Act to amend subsection (g) of Code Section 92-1404, relating to the distribution of funds to counties for construction and maintenance of public roads, so as to provide for the time of sub mission of certificates of accumulation of funds and proof of deposit or investment of such funds; and for other purposes.

HR 193-557. By Messrs. Westlake of the 75th and Farmer of the 16th:
A Resolution creating the Joint Committee to Study Laws that Relate to Lobbying; and for other purposes.

HR 194-557. By Messrs. McDaniell of the 117th, Nessmith of the 44th and Burruss of the 117th:
A Resolution establishing a procedure relative to the acquisition of sites for the location of State Parks; and for other purposes.

HR 195-557. By Messrs. Westlake, Higginbotham, Davis and Floyd of the 75th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th:
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.

HB 558. By Messrs. Westlake, Floyd, Davis and Higginbotham of the 75th, Col lins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Educa-

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815

tion shall be elected and providing for the terms and method of electing such members, so as to change the terms of office of the members of the board of education; and for other purposes.

SR 37. By Senator Carter of the 14th:
A Resolution creating the Providence Canyon Study Committee; and for other purposes.

SB 26. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.

SB 63. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act incorporating Union City, relating to compensation of mayor and city council; and for other purposes.

SB 117. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees and compensation now allowed by law, so as to change the amount of said monthly allowance; and for other purposes.

SB 124. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the mayor and councilmen shall be elected by a majority vote; and for other purposes.

SB 131. By Senators Stephens of the 36th, Hardy of the 56th, Chapman of the 32nd, and others:
A Bill to be entitled an Act to require the employer of any laborer (who is paid on an hourly basis) and who fires or involuntarily dismisses or separates such laborer from employment to pay said laborer all sums due to him for services rendered, within 7 calendar days of the date such laborer is fired, involuntarily dismissed or separated; and for other purposes.

SB 132. By Senators Stephens of the 36th, Garrard of the 37th, Hardy of the 56th, and others:
A Bill to be entitled an Act to provide that no person, firm, or corpora tion shall employ or use any juvenile for the purposes of soliciting money or objects of value; and for other purposes.

816

JOURNAL OF THE HOUSE,

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 271. Do Pass, by Substitute. Respectfully submitted, Barber of the 15th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 45-87. By Messrs. Gaynor of the 88th, Funk of the 92nd, Ellis of the 91st, Whaley of the 93rd, Jones of the 87th, and Battle of the 90th, and Hill of the 94th:
A Resolution declaring certain land, Savannah River Harbor Improve ment Project, as surplus, and empowering and directing the Governor to execute the necessary documents, so as to vest title of said land in the County of Chatham; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

HB 46. By Mr. Geisinger of the 72nd:
A Bill to provide that any party, defendant or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, may discharge such requirement by depositing cash in the amount of the bond so required with the appropriate person; and for other purposes.

HB 113. By Mr. Harrison of the 66th:
A Bill to amend Georgia Code 15-105 to extend boundary between Geor gia and Florida from the mouth of St. Marys River to the seaward limit of Georgia; and for other purposes.

MONDAY, FEBRUARY 24, 1969

817

HB 114. By Mr. Harrison of the 66th:
A Bill to amend Georgia Code 15-102, to extend the boundary between Georgia and South Carolina from mouth of River Savannah to seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; and for other purposes.

HB 115. By Mr. Harrison of the 66th:
A Bill to amend Georgia Code 15-101 so as to conform same to the presently existing boundaries of this State; and for other purposes.

HB 258. By Mr. McCracken of the 36th:
A Bill to amend Code Section 34-1407, relating to the custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other ballots; and for other purposes.

SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.

SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in tranporting Georgia veterans to and from hospitals; and for other purposes.

SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and others:
A Bill to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property", to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 127. By Senator Coggin of the 35th:
A Bill to amend an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations promulgated by the Director of Probation and approved by State Board of Probation shall be

818

JOURNAL OP THE HOUSE,

adopted, established, promulgated, amended, repealed, filed and published in accordance with applicable provisions set forth in the "Georgia Administrative Procedure Act"; and for other purposes.

SB 128. By Senator Coggin of the 35th:
A Bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certian rules and regulations adopted and promulgated by the Board of Pardons and Paroles shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with applicable provisions set forth in "Georgia Administrative Procedure Act"; and for other purposes.

SB 130. By Senator Coggin of the 35th:
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 works camps and prisoners, so as to provide that certain rules and regulations shall be adopted, estab lished, promulgated, amended, repealed, filed and published in accordance with the applicable provisions as set forth in "Georgia Administrative Procedure Act"; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 39. By Messrs, Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th and others:
A Bill to amend an Act establishing the State Department of Air Transportation, so as to change the membership of the State Board of Transportation; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

MONDAY, FEBRUARY 24, 1969

819

SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to be entitled an Act to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property"; and for other purposes.
Referred to the Committee on State of Republic.

SB 127. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations pro mulgated by the Director of Probation and approved by State Board of Probation shall be adopted, established, promulgated, amended, re pealed, filed and published in accordance with the applicable provisions and procedure as set forth in the "Georgia Administrative Procedure Act; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 128. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons and Paroles shall be adopted, etc., in accordance with the applicable provisions and procedure as set forth in the "Georgia Ad ministrative Procedure Act"; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 130. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to provide that certain rules and regulations shall be adopted, etc. in accordance with the applicable provisions and procedure as set forth in the Georgia Administrative Procedure Act; and for other purposes.
Referred to the Committee on State Institutions and Property.

820

JOURNAL OF THE HOUSE,

Mr. Ployd of the 7th arose to a point of personal privilege and addressed the House.

Mr. Funk of the 92nd arose to a point of personal privilege and addressed the House.

Mr. Murphy of the 19th arose to a point of personal privilege and addressed the House.

Mr. Odom of the 61st arose to a point of personal privilege and addressed the House.

Mr. Brooks of the 17th arose to a point of personal privilege and addressed the House.

Mr. Whaley of the 93rd arose to a point of personal privilege and addressed the House.

Mr. Lane of the 101st asked uanimous consent that pursuant to House Rule 115 the following Bill of the House be withdrawn:

HB 12. By Messrs. Matthews of the 63rd, Collins of the 62nd, Matthews of the 16th, Edwards and Black of the 45th, Mauldin of the 12th, Peterson of the 41st, Nessmith of the 44th, Rush of the 51st and others: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that any member having at least ten years of creditable service who ceases to hold any office under the Constitution of Georgia and who accepts certain Federal employment shall be entitled to continue his membership in the Retire ment System; and for other purposes.
Mr. Matthews of the 63rd objected.
The Speaker ruled that inasmuch as HB 12 had already been passed by the House and Senate, House Rule 115 would not apply and therefore a motion to withdraw the Bill would be out of order.
Mr. Cook of the 95th asked unanimous consent that the House reconsider its action in giving the requisite constitutional majority to the floor substitute to the following Bill of the House:

MONDAY, FEBRUARY 24, 1969

821

HB 381. By Mrs. Hamilton of the 112th, Messrs. Marcus of the 105th, Brown of the 110th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to muni cipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; and for other purposes.

The consent was granted, and HB 381 was reconsidered.

Mr. Rowland of the 42nd 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 31. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of applicants lor renewal licenses at educational pro grams prior to the renewal of licenses to practice veterinary medicine; and for other purposes.

The consent was granted, and HB 31 was reconsidered.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 121. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Chapter 57-1, relating to interest and usuary, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain trans actions; and for other purposes.
The following substitute, offered by Mr. Maxwell of the 78th, was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 57-1, relating to in terest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in transactions, whether originally or by renewal or extension, where the security for any loan, charge, reserve advance of money, or forbearance to enforce

822

JOURNAL OF THE HOUSE,

collection of money, is or includes real property or an interest therein; to provide that certain loans guaranteed by the Veterans Administration, or insured by the Federal Housing Administration, may bear interest in excess of nine per cent per annum; to repeal conflicting laws; to declare the legislative intent and existing law of Georgia for the method of computing interest; to provide for severability; to provide an effective date; and for other purposes.

WHEREAS, due to economic conditions, rates of interest have re cently increased substantially to the extent that many citizens are find ing it difficult, if not impossible, to obtain loans for the purchase of homes at rates set by Georgia law; and

WHEREAS, in the future such rates are expected to vary from time to time according to demand and loans will be harder, if not im possible, for borrowers to obtain; and

WHEREAS, those who borrow and give as security for the loan real estate or an interest therein should be able to determine for them selves whether they are willing to pay for the use of money beyond the present limitations set by Georgia law; and

WHEREAS, this Act is expected to promote and make possible the purchase of homes by Georgians which will be Federally guaranteed and insured, all to the benefit of this State and of its citizens.

NOW, THEREFORE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 57-1, relating to interest and usury, as amended, is hereby amended by adding between Code Sections 57-101 and 57-102 a new Code Section to be numbered 57-101.1 to read as follows:

"57-101.1 (a) Notwithstanding any other provisions of this Code, Title, or any other Acts to the contrary, the maximum rate of interest of 8% per annum shall not be applicable and the legal maximum rate shall be 9% per annum in transactions where the security given for any loan, charge, reserve, advance of money, or forbearance to enforce collection of money, is or includes real property or an interest therein; provided, however, that the rate of interest for a loan, the repayment of which is guaranteed by the Veterans Administration pursuant to the provisions of Public Law 85-857 (72 Stat. 1203), or insured by the Federal Housing Administration pursuant to the provisions of Sub-Chapter II of Chapter 13 of Title 12 of the United States Code Annotated, may exceed nine percent per annum.
(b) For the purpose of this Title, it is declared to be the intent of the Legislature and the existing Law of Georgia that the rate of interest shall be computed upon the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term. Any sums of money reserved or taken for the loan or forbearance which are in the nature of and taken

MONDAY, FEBRUARY 24, 1969

823

into account in the calculation of interest, even though paid at one time, shall be spread over the stated term of the loan for the purpose of determining the rate of interest under this Code Section.

(c) The foregoing subsection shall apply to all loan trans actions and all renewals and extensions of prior loan transactions entered into after the effective date of this Code Section.

(d) Nothing contained in this Code Section shall be construed to amend, modify, supersede or repeal any Act, Code Section, or any other law which presently allows any person, company, or corporation to reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than 8% per annum, including but not limited to, the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. Laws 1955, p. 431), as now or hereafter amended, or an Act approved March 30, 1961 (Ga. Laws 1961, p. 300), the same being codified as Georgia Code Section 57-118 and relating to interest rates on loans by certain corporations; or an Act approved March 16, 1966 (Ga. Laws 1966, p. 574), as now or hereafter amended, relating to charges and interest on secondary security deeds; or an Act approved August 16, 1912 (Ga. Laws 1912, p. 144) as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), relating to interest on installment loans, the same being codified as Georgia Code Section 57-116 as amended.

Section 2. If any Section, provision, sentence or phrase of this Act shall be declared unconstitutional, or void for any other reason, such adjudication shall not affect the other Sections and provisions hereof, but same shall be preserved, and the remainder thereof shall be left intact and valid.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard

Barber Barfield Bennett Berry

Black Bond Brantley, H. L. Bray

824
Brooks Brown, B. D. Brown, C. Buck Burruss Busbee CaldweU Carnes Gates Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dodson Douglas Edwards Egan Ellis Evans Farmer Farrar Felton Gary Gaynor Geisinger Graves

JOURNAL OF THE HOUSE,

Gunter Hale Hamilton Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Hawes Henderson Higginbotham Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Longino Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford

Miller Moate Morris Murphy Nash Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, L. L. Pickard Pinkston Poole
Reaves Ross Rowland Rush Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Townsend Vaughn Westlake Whaley Wheeler, J. A. Winkles Wilson

Those voting in the negative were Messrs.

Anderson Battle Bell Blalock Bohannon Cato Collins, S. Dickinson Dixon Ezzard Fallin

Floyd, L. R. Gignilliat Hill, B. L. Hill, G. Jordan, G. Jordan, H. S. Keyton Lee, W. S. Leonard Lowrey Moore

Mullinax Nessmith Pafford Patterson
Potts Rainey Roach Russell Wamble Wheeler, Bobby Williams

MONDAY, FEBRUARY 24, 1969

825

Those not voting were Messrs.:

Bostick Bowen Brantley, H. H. Dorminy Floyd, J. H. Funk Grahl Hadaway

Hargrett Holder Jones, Herb Knowles Matthews, D. R. McCracken Phillips, G. S. Phillips, W. R.

Salem Shanahan Thomason Ware Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 138, nays 33.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Messrs. Floyd of the 7th, Thomason and Farrar of the 77th stated that they had been called from the floor of the House when the roll was called on SB 121, by substitute, but had they been present, would have voted "aye".
Mr. Pickard of the 84th asked unanimous consent that SB 121, by substitute, be immediately transmitted to the Senate.
Mr. Williams of the llth objected.
Mr. Pickard of the 84th moved that SB 121, by substitute, be immediately transmitted to the Senate.
The motion prevailed, and SB 121, by substitute, was ordered immediately transmitted to the Senate.

HB 103. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act approved March 30, 1937 relative to the taxation of cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.

By unanimous consent, further consideration of HB 103 was postponed until Tuesday, February 25, 1969.

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manufac ture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

826

JOURNAL OF THE HOUSE,

By unanimous consent, further consideration of HB 104 was postponed until Tuesday, February 253 1969.

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corpo rations and individuals; and for other purposes.

By unanimous consent, further consideration of HB 162 was postponed until Tuesday, February 25, 1969.

The Speaker announced the House recessed until 1:30 o'clock P. M.

AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
Mr. Dodson of the 82nd arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and adopted:
HR 205. By Messrs. Matthews of the 16th, Brooks of the 17th, Blalock of the 30th, Nessmith of the 44th, Lambert of the 25th, Williams of the llth and many others:
A RESOLUTION
Relative to the promotion and encouragement of tourism; and for other purposes.
WHEREAS, tourism is rapidly becoming one of this State's fastest growing and most productive industries; and
WHEREAS, the State of Georgia is blessed with an uncommon number of scenic areas unparalleled and unmatched in their natural beauty and splendor; and
WHEREAS, there is an unusually high number of locations within this State which are steeped in deep historical significance; and

MONDAY, FEBRUARY 24, 1969

827

WHEREAS, there are numerous areas which beckon to the potential tourist to spend his vacation with this State; and

WHEREAS, it is incumbent upon a state blessed with so many natural tourist attractions to take advantage of every means available in order to attract tourists and make available to them our many tourist attractions; and

WHEREAS, one of the most critical needs in this State is to make available to the public, through the facilities of complete package tours, access to the extremely high number of tourist attractions located throughout this State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby encourage and rec ommend to the Georgia Public Service Commission that said Commisision, through the regulatory powers and jurisdiction vested therein, take the steps necessary to make available to the touring public the many tourist attractions throughout our State by the means of the facilities of complete package tours to be offered by competent and responsible tour agencies.

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 Georgia Public Service Com mission.

HR 206. By Mr. Dean of the 19th:

A RESOLUTION
Commending the Rockmart Kiwanis Club; and for other purposes.
WHEREAS, the Rockmart Kiwanis Club is one of the most active civil organizations in the State of Georgia; and
WHEREAS, this organization is constantly sponsoring one or more civil projects; and
WHEREAS, the Rockmart Kiwanis Club is the sponsor of the fol lowing programs: 4-H Club, Key Club, Boy Scouts, and Kids Day; and
WHEREAS, it is the desire of the members of this body to recog nize the Rockmart Kiwanians for the keen interest they are displaying in the civic affairs of their community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Kiwanis Club for their outstanding civic ac complishments and achievements.

828

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. O. R. Montgomery, President, and Mr. J. J. Swegar, Secretary.

HR 207. By Mr. Dean of the 19th:

A RESOLUTION
Commending the Rockmart Jaycees; and for other purposes.
WHEREAS, the Rockmart Jaycees is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Jaycees are the sponsors of the following projects: Safety Break, Empty Stocking Fund at Christmas to aid needy families, Measles Vaccine Program, Jr. Golf, Young Man of the Year, and many other worthwhile civic projects; and
WHEREAS, the Rockmart Jaycees sponsor several fund-raising projects during the year to assist them in their recreational, charitable and other community endeavors; and
WHEREAS, it is the desire of the members of this body to recog nize the Rockmart Jaycees for the keen interest they are displaying in the civic affairs of their community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Jaycees for their outstanding civic accomplish ments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. Larry Mitchell, President, and Mr. Jimmy Silvers, Secretary.

HR 208. By Mr. Dean of the 19th:

A RESOLUTION
Commending the Rockmart Jaycettes; and for other purposes.
WHEREAS, the Rockmart Jaycettes is one of the most active civic organizations in the State of Georgia; and

MONDAY, FEBRUARY 24, 1969

829

WHEREAS, the primary function of the Jaycettes is to assist the Jaycees in their projects; and

WHEREAS, the Jaycettes sponsor a Newcomers Welcome Party for new members of the community; and

WHEREAS, it is the desire of the members of this body to recog nize the Rockmart Jaycettes for the keen interest they are displaying in the civic affairs of their community and State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Jaycettes for their outstanding civic accomplish ments and achievements.

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 Mrs. Henry Waldrop, President, and Mrs. Ray Earwood, Secretary.

HR 209. By Mr. Dean of the 19th:

A RESOLUTION
Commending the Rockmart Woman's Club; and for other purposes.
WHEREAS, the Rockmart Woman's Club is one of the most active civic organizations in the State of Georgia; and
WHEREAS, this organization is constantly sponsoring one or more civic projects; and
WHEREAS, the Rockmart Woman's Club is the sponsor of a. scholarship to the Tallulah Falls School for deserving young people; and
WHEREAS, it is the desire of this body to recognize the members of the Rockmart Woman's Club for the keen interest they are displaying in the civic affairs of their community and State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Woman's Club for their outstanding civic ac complishments and achievements.
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 Mrs. J. C. Camp, President, and Mrs. Woodrow Heath, Secretary.

830

JOURNAL OF THE HOUSE,

A RESOLUTION

HR 210. By Mr. Dean of the 19th:

Commending the Rockmart-Aragon Chamber of Commerce; and for other purposes.

WHEREAS, the Rockmart-Aragon Chamber of Commerce is one of the most active Chambers of Commerce in the State of Georgia; and

WHEREAS, the Chamber assists other civic organizations with their projects; and

WHEREAS, the Chamber is constantly promoting the growth of Rockmart and Aragon; and

WHEREAS, it is the desire of the members of this body to recog

nize the Rockmart-Aragon Chamber of Commerce for the impressive

work they are doing.

,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart-Aragon Chamber of Commerce for their out standing civic accomplishments and achievements.

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 Dr. H. L. Long, President, and Mrs. Howard Greene, Secretary, Rockmart-Aragon Chamber of Commerce.

HR 211. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Rockmart Rotary Club; and for other purposes.
WHEREAS, the Rockmart Rotary Club is one of the most active civic organizations in the State of Georgia; and
WHEREAS, this organization is constantly sponsoring one or more civic projects; and
WHEREAS, the Rockmart Rotary Club annually sponsors "Radio Day" which raises several thousand dollars; and
WHEREAS, these funds are spent in the community for recre ational, charitable and other deserving projects; and
WHEREAS, it is the desire of the members of this body to recog nize the Rockmart Rotarians for the keen interest they are displaying in the civic affairs of their community and State.

MONDAY, FEBRUARY 24, 1969

831

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Rotary Club for their outstanding civic ac complishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. Lewis Helms, President, and Mr. C. W. Blankenship, Secretary.

HR 212. By Messrs. Nessmith, Lane and Parker of the 44th:
A RESOLUTION
Expressing regrets at the death of Judge J. Walton Usher; and for other purposes.
WHEREAS, the untimely death of Judge J. Walton Usher has deprived this State of one of its most distinguished citizens and most outstanding and revered jurists; and
WHEREAS, the late J. Walton Usher was serving his third term as the Judge of the Superior Court of the Ogeechee Judicial Circuit when a heart attack cut short one of the most productive lives of one of our State's most outstanding1 legal scholars; and
WHEREAS, Judge Usher devoted his life to the betterment of his community, county and State; and
WHEREAS, Judge Usher was extremely active in the youth activi ties and civic and religious life of his community; and
WHEREAS, the many outstanding contributions of this distin guished jurist will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the untimely passing of Judge J. Walton Usher, Judge of the Superior Court of the Ogeechee Judicial Circuit.
BE IT FURTHER RESOLVED that the House of Representatives does hereby express to the many friends and members of Judge Usher's family their sincerest condolences at the passing of this distinguished citizen.
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 Mrs. Anna Belle McClendon Usher.

832

JOURNAL OF THE HOUSE,

HR 213. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:

A RESOLUTION

Commending Honorable Davis Millians; and for other purposes.

WHEREAS, Honorable Davis Millians served for twenty-four years as a County Commissioner for Heard County; and

WHEREAS, he retired on January 1, 1969; and

WHEREAS, during the period in which he served as a Commis sioner, he provided effective leadership for the government of Heard County; and

WHEREAS, he has dedicated his time and energy on behalf of all the people of Heard County to see that they have a better county govern ment.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Davis Millians for his many years of dedicated service as a County Commissioner for Heard County.

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 Davis Millians.

HR 214. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A RESOLUTION
Expressing sympathy at the passing of Honorable Dennis "Dink" Smith; and for other purposes.
WHEREAS, Honorable Dennis "Dink" Smith, a lifelong resident of Troup County and one of its outstanding citizens departed this life on February 2, 1969; and
WHEREAS, he was beginning his fifth term as a member of the Board of Commissioners of Troup County having served his people faithfully and ably for 16 years; and
WHEREAS, the people of Troup County will sorely miss the serv ices of this able public servant; and
WHEREAS, his survivors include: his wife; two daughters, Mrs. William J. Brooks of Manchester and Mrs. Joe H. Jordan of Columbus; four sisters, Mrs. Jack Cleaveland of LaGrange, Mrs. Earnest L. Sea man of Atlanta, and Mrs. D. O. Browning of Clarksville, Tennessee;

MONDAY, FEBRUARY 24, 1969

833

three brothers, W. F. Smith of LaGrange, Leon D. Smith of Jellico Tennessee, and Dr. W. Phillip Smith of Macon; and six grandchildren.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express sympathy at the passing of Honorable Dennis "Dink" Smith and sincerest sympathy is hereby extended to Mrs. Smith and the other 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. Smith.

HR 215. By Messrs. Phillips of the 29th, Smith of the 43rd, Hale of the 1st, McCracken of the 36th, Rowland of the 42nd and others:
A RESOLUTION
Expressing sincerest wishes for a speedy recovery to Mr. Lane Hubbard; and for other purposes.
WHEREAS, Mr. Lane Hubbard, formerly Assistant to the Presi dent of Southern Bell Telephone Company, is confined to his home due to illness; and
WHEREAS, prior to his retirement from Southern Bell in July, 1965, he had a distinguished career with Southern Bell Company, be ginning in 1921 as a construction clerk in Atlanta, Georgia, and holding positions as Chief Clerk, District Commercial Engineer, Office Man ager, Unit Manager, Division Customer Relations Representative, Divi sion Commercial Supervisor, District Manager, Georgia Manager, As sistant Vice President, and finally Assistant to the President; and
WHEREAS, he was a personal friend of many generations of mem bers of the General Assembly, and was known as the first "Legislative Engineer"; and
WHEREAS, during his carer and since his retirement he has re mained active in civic, social, public and religious affairs; and
WHEREAS, he is missed by his many friends in this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their sincerest regrets at the illness of Mr. Lane Hubbard and extend their most heartfelt wishes for a speedy recovery.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a copy of this resolution to Mr. Lane Hubbard.

834

JOURNAL OF THE HOUSE,

HR 216. By Mr. Edwards of the 45th:

A RESOLUTION

Commending Mr. Calvin Watson; and for other purposes.

WHEREAS, Mr. Calvin Watson, son of Mr. and Mrs. P. B. Watson, is a graduate of Marion County High School, and has been named one of the area's FFA Star Farmers; and

WHEREAS, he was picked for the award for his participation in the FFA, personal farming experience, and for his ability as an FFA leader; and

WHEREAS, at the time he received the award, he had 14 hogs, 11 cows, 6 acres of peanuts, 22 acres of corn, and 4 acres of sweet potatoes; and

WHEREAS, he plans to continue his education at the South Geor gia Vocational-Technical School at Americus, Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Calvin Watson for his many outstanding accomplishments in the field of agri culture.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. Calvin Watson.

HR 217. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A RESOLUTION
Commending Major Stephen W. Pless, United States Marine Corps and Lieutenant Colonel Joe M. Jackson, United States Air Force for receiving the Medal of Honor; and for other purposes.
WHEREAS, Major Stephen W. Pless, United States Marine Corps and Lieutenant Colonel Joe M. Jackson, United States Air Force, both of whom are native sons of Newnan, Georgia, were presented the Medal of Honor by the President of the United States of America; and
WHEREAS, Major Pless received the Medal of Honor for "con spicuous gallantry and intrepedity at the risk of his life above and beyond the call of duty" while serving as a helicopter gunship pilot attached to the Marine Observation Squadron Six in action against enemy forces near Quang Ngai, Republic of Vietnam, on 19 August 1967; and

MONDAY, FEBRUARY 24, 1969

835

WHEREAS, Colonel Jackson received the Medal of Honor for "con spicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty" while piloting a C-123 aircraft in the Re public of Vietnam, on 12 May 1968; and

WHEREAS, their heroic action was in keeping with the highest tradition of the military service and reflects great credit on each of them.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that Major Stephen W. Pless and Lieutenant Colonel Joe M. Jackson are hereby commended by this Body for receiving the Medal of Honor.

BE IT FURTHER RESOLVED that this Body does hereby express its appreciation to Major Pless for his appearance before this Body and regrets that Colonel Jackson was unable to make such an appearance.

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 each of the above named officers.

HR 218. By Messrs. Brantley of the 52nd, Funk of the 92nd, Parker of the 46th, Parker, Lane and Nessmith of the 44th and Jones of the 59th:
A RESOLUTION
Commending Honorable Cartha D. "Deke" DeLoach; and for other purposes.
WHEREAS, Honorable Cartha D. "Deke" DeLoach became As sistant to Federal Bureau of Investigation Director, J. Edgar Hoover, in December, 1965; and
WHEREAS, he is a native of Claxton, Georgia, and is one of this State's most outstanding citizens; and
WHEREAS, he was appointed a Special Agent of the F.B.I, in 1942 and has served that agency continuously since that time except for his duty in the United States Navy during World War II; and
WHEREAS, his remarkable ability and dedication have long been recognized because he served the F.B.I, in many positions of great re sponsibility before becoming Assistant to the Director; and
WHEREAS, he has been an active member of the American Legion for many years and has served that organization as Department Com mander, National Vice Commander, and in 1963, he was named "The Man of the Year" by the State Commander's Society of the American Legion at the National Convention; and

836

JOURNAL OF THE HOUSE,

WHEREAS, he has had numerous honors bestowed upon him in recognition of his ability, dedication and patriotism.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable Cartha D. "Deke" DeLoach for his many years of able and dedicated service to the United States of America.

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 Cartha D. "Deke" DeLoach.

HR 219. By Mr. Harrison of the 66th:
A RESOLUTION
Commending Honorable Don Lee Hartman; and for other purposes.
WHEREAS, Don Lee Hartman, Deputy Assistant Attorney General, has for many long months expended many and arduous hours in assist ing the members of the General Assembly in preparing the necessary preliminaries and legislation pertaining to the seaward boundaries of the State of Georgia; and
WHEREAS, Don Hartman displayed and demonstrated his un usual and particular legal talent in negotiations with representatives of adjoining states, federal agencies and others interested in the problem of the determination of the seaward boundaries of the State of Georgia; and
WHEREAS, Don Hartman assumed the responsibilities assigned to him and displayed an interest in his task far and above the usual call of duty; and
WHEREAS, the assistance and advice provided by this outstanding attorney of the State of Georgia is most appreciated by the members of this General Assembly.
NOW, THEREFORE. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend Honorable Don Lee Hartman, Deputy Assistant Attorney General, for his devotion to the duties and assignments as set forth above, and does hereby express to him its deepest and sincerest appreciation for a job well done.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Honorable Arthur K. Bolton, At torney General, and to Honorable Don Lee Hartman, Deputy Assistant Attorney General.

MONDAY, FEBRUARY 24, 1969

837

The following Resolutions of the House were read and referred to the Com mittee on Rules:

HR 220. By Messrs. Davis, Westlake and Ployd of the 75th, Collins of the 72nd, Bell of the 73rd and Davis of the 86th:
A RESOLUTION
Creating a Study Committee to determine the feasibility of institut ing a high school course teaching Human Development; and for other purposes.
WHEREAS, experts have stated that children between the ages of one and five years of age have tremendous learning capacities, and that they obtain many of their values during these years; and
WHEREAS, Georgia has no school program for children this young, so it appears that it might be an excellent step forward if the young high school ladies of Georgia were taught the rudimentary principles of child development, so that they, in turn, could tutor their respective off spring in a meaningful and worthwhile manner; and
WHEREAS, it would be to the advantage of the citizens of Georgia and to the members of the General Assembly, if a legislative committee were to determine the feasibility of instituting a course for eleventh grade students which would educate the students as to the basic principles of human development.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "High School Course in Human Development Study Committee" to be composed of five members of the House of Representatives chosen by the Speaker. The Committee shall elect a Chairman, Vice-Chairman and Secretary.
The Committee shall do such things as are necessary to determine whether or not it would be feasible to institute a course in the eleventh grade of the high schools of this State, which course will teach the stu dents the basic principles of human development, in order that the stu dents, when they marry and have children, will be able to meaningfully tutor and teach their children such things as young children should know before the children are able to attend school.
The Committee shall submit a report of its findings to the General Assembly on or before December 15, 1969, at which time the Committee shall stand abolished.
The members of the Committee shall be paid such expenses and al lowances as are authorized to members of interim study committees, but for no longer than ten days.

838

JOURNAL OF THE HOUSE,

All funds necessary for operation of the Committee shall come from funds appropriated to or available to the Legislative Branch of the State Government.

HE 221. By Messrs, Rowland and Douglas of the 42nd:
A RESOLUTION
Creating the Clerks of the Superior Court Retirement Study Com mittee; and for other purposes.
WHEREAS, at the present time, the Clerks of the Superior Court have a retirement fund in which only each Clerk of the Superior Court is entitled to participate; and
WHEREAS, there are many deputies to the Clerks of the Superior Court and other personnel within the office of the various clerks throughout the State; and
WHEREAS, many advantages would be derived from providing a retirement system in which these additional employees would be in eluded if feasible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Clerks of the Superior Court Retirement Study Committee to be composed of five members of the House to be appointed by the Speaker thereof. The Com mittee shall make a thorough and exhaustive study into the feasibility of including within the provisions of the Clerks of the Superior Court Retirement Fund deputy clerks and other employees of the various Clerks of the Superior Court of this State. The Committee shall make a report of its findings and recommendations at the 1970 Session of the General Assembly, at which time it shall stand abolished.
The members of the Committee shall receive compensation, per diems, ex penses and allowances authorized by law for members of interim legislative study committees.

HR 223. By Messrs. Brooks of the 17th, Levitas of the 77th, Gary of the 21st, Games of the 104th, and Conger of the 68th:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 197 is hereby amended by adding at the end thereof the following:

MONDAY, FEBRUARY 24, 1969

839

"Provided, however, that when the electric roll-call system is used, any member of the House, immediately following the results of an electric roll-call vote, may state in his place that in his sin cere and honest belief the machine vote does not reflect the true count of the House and in such event the presiding officer shall immediately order a voice roll-call vote on the question.",

that House Rule 197 when so amended shall read as follows:

"Rule 197. No member or person shall vote for or attempt to vote for another member on any question or proposition. Violation of this rule shall be deemed to be disorderly behavior and subject to punishment as provided by the Constitution and Rules of the House. Provided, however, that when the electric roll-call system is used, any member of the House, immediately following the results of an electric roll-call vote, may state in his place that in his sincere and honest belief the machine vote does not reflect the true count of the House and in such event the presiding officer shall im mediately order a voice roll-call vote on the question."

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 12. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act creating the Trial Judges an Solicitors Retirement Fund, so as to remove the provision pro hibiting trial judges and solicitors of inferior courts from practicing law while receiving retirement pay; to repeal conflicting laws; and for other purposes.
By unanimous consent, further consideration of SB 12 was postponed until February 25, 1969.

HB 37. By Mr. Mauldin of the 12th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Association may become members of said Retirement System and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

840

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W.
Dean, N.
Dent
Dixon
Dodson
Dorminy
Douglas
Edwards
Evans
Fallin
Farrar
Felton
Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino
Lowrey
Marcus
Mason
Mauldin
Maxwell
McClatchey
McCracken
Melton
Merritt
Miles
Milford
Miller

Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Peters Peterson Phillips, L. L. Pinkston Poole Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W.
Thompson, R.
Toles
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

MONDAY, FEBRUARY 24, 1969

841

Those not voting were Messrs.:

Berry Brown, C. Buck Caldwell Clarke Collins, M. Daugherty Dean, J. E. DeLong Dickinson Egan Ellis Ezzard

Farmer Hadaway Hale Hamilton Hargrett Hawes Henderson Hood Joiner Knowles Lane, W. J. Levitas

Matthews, C. Matthews, D. R. McDaniell Parker, H. W. Patterson Phillips, G. S. Phillips, W. R. Piekard Rainey Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 0.

The Bill, having received the requisite constitutional majority was passed.

Messrs. Henderson of the 117th and Levitas of the 77th stated that they had been called from the floor of the House when the roll was called on HB 37, but had they been present, would have voted "aye".

HB 144. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend Code Section 100-101, relating to the State Depository Board and naming and appointment of Deposi tories, so as to authorize the State Depository Board to name and ap point as State Depositories those banks which have deposits insured by the Federal Deposit Insurance Corporation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Bell

Berry Black Blalock Bohannon Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D.

842
Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Evans
Fallin
Farrar
Felton
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Grahl
Graves
Gunter
Hadaway
Hargrett
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.

JOURNAL OF THE HOUSE,

Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate
Moore
Morris
Mullinax

Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Town send
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

Those voting in the negative were Messrs. Longino and Northcutt.

MONDAY, FEBRUARY 24, 1969

843

Those not voting were Messrs.:

Anderson Barfield Battle Bennett Caldwell Collins, M. Daugherty Dean, J. E. Dickinson Ellis

Ezzard Farmer Floyd, J. H. Gignilliat Hale Hamilton Harrison Henderson Knowles

McCracken Phillips, G. S. Pickard Pinkston Rainey Ross Shanahan Smith, V. T. Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 2.

The Bill having received the requisite constitutional majority, was passed.

HB 262. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", approved March 18, 1964, so as to provide for issuing new birth certificates that are not marked amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bond Bostick Bo wen

Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes
Gates Cato Chandler Clarke Cole

Collier Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong

844
Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Hutchinson Johnson Jones, C. M. Jones, Herb

JOURNAL OP THE HOUSE,
Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W.

Patterson Peters Peterson
Phillips, L. L. Phillips, W. R. Pinkston
Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.

Collins, S.

Geisinger

Housley

Those not voting were Messrs.:

Bohannon Ellis Hale Hargrett

Joiner Knowles Lewis Paris

Phillips, G. S. Pickard Simkins Mr. Speaker

MONDAY, FEBRUARY 24, 1969

845

On the passage of the Bill, the ayes were 178, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

HB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hos pital in another State may be transferred to a hospital in Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier

Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas
Edwards Egan Ellis Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter

Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell
Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, C. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)

846
Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash

JOURNAL OF THE HOUSE,

Nessmith Nunn Odom
Pafford Paris Parker, C. A.
Parker, H. W. Patterson
Peters Peterson Phillips, L. L.
Phillips, W. R. Pinkston Poole Potts Rainey
Reaves Roach Rowland Rush Russell Salem
Scarborough Scarlett

Shepherd Sherman Simkins
Sims Smith, J. R. Smith, V. T.
Snow Sorrells
Sweat Thomason Thompson, A. W.
Thompson, R. Toles Townsend Vaughn Wamble
Ware Whaley Wheeler, Bobby Wheeler, J. H. Winkles Williams
Wilson Wood

Those voting in the negative were Messrs. Collins, S. and Ross.

Those not voting were Messrs.:

Bell Collins, M. Conner Davis, W. Dean, J. E. DeLong
Ezzard

Geisinger Hale Hargrett Harris, R. W. Knowles Matthews, D. R.
Moate

Northcutt Phillips, G. S. Pickard Shanahan Westlake Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 2.

The Bill, having received the requisite constitutional majority, was passed

HB 264. My Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to provide for licensing day care centers for mentally retarded individuals by the Department of Public Health; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 24, 1969

847

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Fallin

Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hamilton Hargrett Harrington Harris, J. E. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton
Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell

McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Nunn
Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware

848
Westlake Whaley Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Winkles Williams

Wilson Wood

Those not voting were Messrs.:

Caldwell Collins, M. Conner Dailey Davis, W. DeLong Ezzard

Floyd, J. H. Hadaway Hale Harrison Hood Knowles Matthews, D. R.

Moate Northcutt Phillips, G. S. Phillips, W. R. Pickard Mr. Speaker

On the passage of the Bill, the ayes were 173, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 64-139. By Mr. Carnes of the 104th:
A Resolution to amend a Resolution creating the Juvenile Court Law Study Commission, providing compensation for two juvenile court judges who are on the Commission that were appointed by said committee; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
To amend a Resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. Laws 1968, p. 1170), so as to provide that the two juvenile court judges who are members of the Commission shall be paid the expenses and allowances authorized for legislative members of interim legislative committees from funds ap propriated to or available to the executive branch of the government; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
A Resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. Laws 1968, p. 1170), is hereby amended by striking the last paragraph thereof and by inserting in lieu thereof a new paragraph, to read as follows:

MONDAY, FEBRUARY 24, 1969

849

"The legislative members of the Commission shall receive the expenses and allowances authorized for legislative members of in terim legislative committees, but shall receive the same for not more than forty (40) days. The superior court judge shall be paid from the same funds from which he is otherwise compensated. The non-judicial and 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 govern ment and from any other available funds. Notwithstanding any other provision of law, the juvenile court judges shall each be paid the expenses and allowances authorized for legislative mem bers of interim legislative committees from funds appropriated to or available to the executive branch of the government."

SECTION 2

This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 3

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, 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 Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bond Bostick Bowen Brantley, H. H. Brooks

Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger

Connell Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis

850
Evans Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. E. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Holder Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton

JOURNAL OF THE HOUSE,

Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters

Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rowland Rush Russell Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilson Wood

Those not voting were Messrs.:

Barfield Bohannon Brantley, H. L. Bray Daugherty Dean, J. E. DeLong Egan Ezzard Hadaway

Hale Hamilton Hawes Hill, G. Hood Howell Knowles Matthews, D. R. McCracken

McDaniell Northcutt Peterson Phillips, G. S. Pickard Reaves Salem Shanahan Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 165, nays 0.

MONDAY, FEBRUARY 24, 1969

851

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th:
A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Mr. Levitas of the 77th moves to amend HB 50 by adding:
(1) to the title the words "to provide for exemptions" immediately preceding the words "to repeal conflicting laws"
and
(2) to add a new Section to be numbered Section 3, as follows:
"This Act shall not apply to drivers operating vehicles in or on any raceway, drag strip or similar place customarily and lawfully used for such purposes."
(3) to renumber the remaining sections accordingly.

Mr. Odom of the 61st moved that HB 50 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.:

Alexander Atherton Ballard Barfield Bell Bennett Berry Bond Bostick

Bowen Brown, B. D. Buck Carnes Cato Clarke Cole Collins, M. Collins, S

Conger Connell Cook Daugherty Davis, W. Dean, J. E. DeLong Dent Dickinson

852

JOUENAL OF THE HOUSE,

Dodson Evans Ezzard Pallin Floyd, J. H. Floyd, L. R. Gaynor Hamilton Harrington Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hood Horton Housley Hudson

Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Lambert Lane, Dick Lewis Marcus Matthews, C. Maxwell McClatchey Miller Morris Mullinax Murphy Odom

Parker, C. A. Phillips, W. R. Pinkston Reaves Ross Rowland Scarborough Scarlett Shepherd Sherman Simkins Sweat Thomason Thompson, A. W. Ware Winkles Wilson

Those voting in the negative were Messrs.:

Adams Anderson Barber Battle Black Blalock Brantley, H. H. Brantley, H. L. Brown, C. Chandler Collier Colwell Cooper Crowe Dailey Davis, E. T. Dean, N. Dixon Dorminy Douglas Edwards Egan Farmer Farrar Felton Gary Gignilliat Grahl Graves

Gunter Hargrett Harris, J. F. Harris, J. R. Hill, G. Holder Howell Hutchinson Johnson Joiner, F. A. Jordan, H. S. Keyton Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Mason Matthews, D. R. Mauldin Merritt Miles Milford Moate Moore Nash Nessmith

Northcutt Nunn Pafford Parker, H. W. Patterson Peters Peterson Phillips, L. L. Poole Potts Rush Russell Salem Shanahan Sims Smith, J. R. Snow Thompson, R. Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood

Those not voting were Messrs.:

Bohannon Bray Brooks

Burruss Busbee Caldwell

Gates Conner Ellis

Funk Geisinger Hadaway Hale Hawes Knowles

MONDAY, FEBRUARY 24, 1969

853

Longino McCracken McDaniell Melton Paris Phillips, G. S.

Pickard Rainey Roach Smith, V. T. Sorrells Mr. Speaker

On the motion to table, the ayes were 80, nays 86.

The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was the follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Battle Black Blalock Brantley, H. H. Brantley, H. L. Brown, C. Burruss Caldwell Cole Collier Colwell Conner Cook Cooper Crowe Dailey Davis, E. T. Dean, N. Dixon Douglas Edwards Egan Farmer Felton Gary Gignilliat

Graves Gunter Hargrett Harris, J. F. Harris, J. R. Hawes Hill, G. Holder Howell Hutchinson Johnson Joiner Jones, Herb Jordan, H. S. Keyton Knapp Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCratchen Melton Merritt Milford Moate

Moore Nash Nessmith Northcutt Pafford Parker, H. W. Peters Peterson Phillips, L. L. Potts Roach Rowland Rush Russell Salem Shepherd Sims Smith, J. R. Thompson, R. Toles Townsend Vaughn Wamble Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood

854

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Alexander Atherton Barfield Bell Bennett Berry Bond Bostick Bo wen Brown, B. D. Buck Carnes Gates Cato Chandler Clarke Collins, M. Collins, S. Connell Daugherty Davis, W. Dean, J. E. DeLong Dent Dickinson Dorminy Evans

Ezzard Farrar Floyd, J. H. Floyd, L. R. Gaynor Geisinger Grahl Hamilton Harrington Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hood Horton Housley Hudson Jones, C. M. Jones, M. Jordan, G. Keen Kreeger Lambert Lane, Dick Leonard Marcus

McClatchey Miller Morris Mullinax Murphy Nunn Odom Parker, C. A. Patterson, J. K. Phillips, W. R. Pinkston Reaves Ross Scarborough Scarlett Sherman Simkins Snow Sorrells Sweat Thomason Thompson, A. W. Ware Westlake Wilson

Those not voting were Messrs.:

Bohannon Bray Brooks Busbee Conger Dodson Ellis Fallin Funk

Hadaway Hale Knowles Lewis Longino McDaniell Miles Paris Phillips, G. S.

Pickard Poole Rainey Shanahan Smith, V. T. Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 88, nays 79.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Gunter of the 6th 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 50, as amended.

MONDAY, FEBRUARY 24, 1969

855

HR 39-68. By Messrs. Edwards and Black of the 45th, Dailey of the 53rd, Bray of the 31st and many others:
A Resolution designating the Bobwhite Quail as the official Georgia State Bird; and for other purposes.

By unanimous consent, further consideration of HR 39-68 was postponed until February 25, 1969.

HB 332. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth, Berry of the 85th and Hargrett of the 58th:
A Bill to be entitled an Act to amend "Georgia Military Forces Re organization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A. W. O. L. cases; and for other purposes.

An amendment, offered by Mr. Hill of the 94th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Bell Bennett Berry Black Blalock
Bohannon Bostick Brantley, H. H. Brantley, H. L. Brooks Buck Burruss Busbee Caldwell Carnes

Gates Cato Chandler Cole Collier Collins, M Collins, S. Colwell Conger Conner
Cook Cooper Crowe Dailey Davis, W. Dean, N. DeLong Dickinson Dodson Dorminy

Douglas Edwards Egan Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R.
Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington

856
Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey

JOURNAL OP THE HOUSE,

Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole

Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Sims Smith, J. R. Smith, V. T. Sorrells Thomason Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander Bond Brown, B. D.

Daugherty Dent Hill, B. L.

Thompson, A. W.

Those not voting were Messrs.:

Barfield Battle Bo wen Bray Brown, C. Clarke Davis, E. T. Dean, J. E. Dixon Ellis

Farmer Grahl Hale Hamilton Harris, J. P. Hawes Jordan, G. Knowles Mason Moate

Nash Phillips, G. S. Pickard Reaves Shanahan Simkins Snow Sweat Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 7.

MONDAY, FEBRUARY 24, 1969

857

The Bill, having received the requisite constitutional majority, was passed.

HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A Bill to be entitled an Act to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 278 by striking from Section 1, sentence 21 thereof the word:
"Federal"
and substituting in lieu thereof the word:
"Federation"
so that when amended, Section 1, will read as follows:
"Section 1. Section 84-913 of the Code of Georgia of 1933, relating to examination of applicants for a license to practice medicine, is hereby stricken in its entirety and a new section substistituted in lieu thereof, to read as follows:
"84-913. Examination of Applicants for License to Practice Medicine. The State Board of Medical Examiners shall examine applicants upon such subjects and according to the methods deemed by it to be the most appropriate and practicable to test the appli cant's qualifications to practice medicine. Provided, however, that the Federation Licensing Examination (FLEX), or such other national standardized examination which the Board shall approve, may be administered to all applicants in lieu of or in conjunction with any other examination which the Board shall give. The Board shall also have the right to establish such norms of achievement on all examinations as shall be necessary for a passing grade. Provided, further, that the Board shall have the authority to implement this section by adopting any necessary rules."

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:

858

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler
Cole
Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickinson Fallin Dixon Dodson Dorminy Douglas Edwards Egan Evans

Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell

McClatchey McCracken Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Townsend Wamble Ware Westlake Whaley

MONDAY, FEBRUARY 24, 1969

859

Wheeler, Bobby Wheeler, J. A.

Winkles Williams

Wilson Wood

Those not voting were Messrs.:

Bell Bray Clarke Crowe DeLong Ellis Farmer Funk Hale

Hawes Johnson, B. Joiner Knowles Lambert Leonard Matthews, D. R. McDaniell Pafford

Phillips, G. S. Pickard Potts Simkins Thompson, A. W. Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Johnson of the 29th stated that he had been called from the floor of the House when the roll was called on HB 278, as amended, but had be been present would have voted "aye".

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 39. By Messrs. Ware of the 30th, Busbee and Lee of the 61st, Pickard of the 84th, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act establishing the State De partment of Air Transportation, so as to change the membership of the State Board of Transportation; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government offers the following amendment to HB 39:
By inserting in the title and in Section I immediately following the date "March 8, 1968" the following:
"(Ga. Laws 1968, p. 130)".

Mr. Ware of the 30th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 115, nays 0.

860

JOURNAL OF THE HOUSE,

HB 297. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, so as to change the compensation of the Ordinary and of his secretarial assistant; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 297 as follows:
By striking from Section 1 wherever the same shall appear the figure "$3,500.00" and inserting in lieu thereof the figure "$2,500.00".

Mr. Rush of the 51st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 25, 1969

861

Representative Hall, Atlanta, Georgia

Tuesday, February 25, 1969.

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 Elder Rollie M. Riner, Pastor, Old Canoochee Primitive Baptist Church, Twin City, Georgia:

"Our Dear Heavenly Father; as we humble bow and call upon Thy

Great and Precious and Holy Name, we thank Thee that we can come to

Thee in prayer and supplication, the God of power, the God of love and

understanding. As we assemble here, 0 Lord, upon this occasion, to

serve, 0 Lord, as Chaplain in this assembly, we pray, 0 God, Thy bless

ings upon the Speaker and upon the members of this asssembly. We

pray, Dear God, that Thou will grant unto them the understanding, the

wisdom and the knowledge to carry on the different functions of the

government. 0 God, we pray that Thou wouldst look upon this Legisla

ture and bless us as a people. We thank Thee, 0 God, for dear old Geor

gia and its heritage and what it has meant to us, even as a people. We

pray, Dear God, that Thou will guide and direct these men as they carry

on the governmental affairs of our State. We pray, dear God, that Thou

will bless these men and women that are willing to stand up and say

"Yes" when yes needs to be said and say "No" when no needs to be

said. We pray, 0 God, to ever be mindful of Thy graciousness and Thy

love--protect and guide and direct them in their leadership, for by their

leadership our Nation and our State will continue to survive and grow.

We pray that Thou wouldst be with us all when we come to the last end

of the journey, and we humbly beg it in Thy precious Name and for

Thy Sake,

AMEN."

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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.

862

JOURNAL OF THE HOUSE,

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 577. By Messrs. Northcutt of the 21st, Lowrey and Toles of the 9th, Crowe of the 1st:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 578. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for certain prima facie evidence in each case involving a motor vehicle, the drive or of which evaded apprehension by refusing to stop upon signal of a law enforcement official; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 579. By Messrs. Games of the 104th and Adams of the 100th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safey, so as to authorize and direct the Director of the Depart ment of Public Safety to cause to be issued to the spouse of each disabled veteran an honorary driver's license; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 202-579. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffer ing from heart or brain damage; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

TUESDAY, FEBRUARY 25, 1969

863

HR 203-579. By Mr. Hill of the 97th:
A Resolution compensating Mr. and Mrs. E. R. Smith; and for other purposes.
Referred to the Committee on Appropriations.

HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, so as to change the compensation of the sheriff and the clerk of the superior courts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Dougherty County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 582. By Messrs. Snow, Crowe and Hale of the 1st, Peters of the 2nd and Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 583. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to reincorporate the City of LaFayette in the County of Walker; and for other purposes.
Referred to the Committee on Local Affairs.

HB 584. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to incorporate and grant a charter to the City of Murrayville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 585. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Charlton County; and for other purposes.
Referred to the Committee on Local Affairs.

864

JOURNAL OF THE HOUSE,

HB 586. By Messrs. Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act establishing the Colquitt County Airport Authority, so as to change the name of said Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 204-586. By Mr. Caldwell of the 39th:
A Resolution proposing an amendment to the Constitution so as to pro vide that all property held by and belonging to non-profit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 587. By Mr. Horton of the 95th:
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 change the provisions relating to certain distance requirements in connection with businesses licensed under said Act; and for other purposes.
Referred to the Committee on Temperance.
HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and for other purposes.
Referred to the Committee on Local Affairs.

HB 589. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Chapter 27-9 relating to bail, so as to provide that a person shall have the right of bail in all cases in which the maximum punishment permitted is imprisonment for less than 11 years; and for other purposes.
Referred to the Committee on Judiciary.

HB 590. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 25, 1969

865

HB 591. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 592. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.
Referred to the Committe on Local Affairs.

HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th, Egan of the 116th, Snow of the 1st and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
Referred to the Committee on Judiciary.

HB 594. By Mr. Parker of the 46th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to permit certain dogs owned or kept by him to run at large on any unenclosed property or trespass upon any enclosed or unenclosed property of another person; and for other purposes.
Referred to the Committee on Game and Fish.

HB 595. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to authorize and direct the governing au thorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 596. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.
Referred to the Committee on Local Affairs.

866

JOURNAL OF THE HOUSE,

HB 597. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the com pensation of the clerk of the superior court of Putnam County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 598. By Mr. Moate of the 28th:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compen sation of the Chairmen and the members of the Board, and the Clerk of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 599. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 600. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax commissioner of Putnam County into the office of tax com missioner of Putnam County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 601. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax re ceiver of Putnam County on a salary basis, so as to change the com pensation of the ordinary of Putnam County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 602. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend Code Title 57, relating to interest and usury, so as to change the prohibition against charging interest in excess of a certain rate; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, FEBRUARY 25, 1969

867

HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and Williams of the llth:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending- driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 222-603. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th, Russell of the 70th, Wood of the llth and others:
A Resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by The American Legion, Department of Georgia, in commemoration of the 50th anniversary of The America Legion; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 604. By Messrs. Bostick and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Tifton, so as to change the salary of the city manager; and for other purposes.
Referred to the Committee on Local Affairs.

HB 605. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the compensation of the jurors for their services; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 606. By Mr. Busbee of the 61st:
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 repeal certain exemptions from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 607. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend an Act entitled "An Act to levy a tax upon fees, interest, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Industrial

JOURNAL OF THE HOUSE,
Loan Act'; and for other purposes.", so as to conform the rate of tax ation therein to the provisions of a resolution approved Feb. 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and for other purposes.
Referred to the Committee on Insurance.
HB 608. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend the Insurance Code, so as to pro vide that the Insurance Commissioner, in determining whether insurers subject to said Chapter have complied therewith, may consider the expanse, reinsurance and risk factors paid, furnished or absorbed by affiliated insurers; and for other purposes.
Referred to the Committee on Insurance.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to delete from Titles 34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437); and for other purposes.
HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th and Howell of the 60th:
A Bill to be entitled an Act to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, so as to provide that special elections called for the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Election Code; and for other purposes.
HB 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th, and Howell of the 60th:
A Bill to be entitled an Act to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide for the pro-

TUESDAY, FEBRUAEY 25, 1969

869

cedures connected with the returns of primaries and elections; and for other purposes.

HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to re organize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.

HB 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; and for other purposes.

HB 565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th and Howell of the 60th:
A Bill to be entitled an Act to amend Code Section 24-406, relating to the method of filling vacancies in the office of justice of the peace, so as to provide that special elections called for the purpose of filling vacancies in the office of justice of the peace shall be conducted in conformity with the Georgia Election Code; and for other purposes.

HR 195-565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Resolution proposing an amendment to the Constitution so as to pro vide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 566. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-1106, relating to the collection of school taxes by tax collector or tax commissioner, and the commissions allowed therfor, so as to provide that in those counties where the tax collector or tax commissioner is on a salary basis, no commission shall be paid, and the full amount of all school taxes col lected shall be paid over to the county board of eduaction; and for other purposes.

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HB 567. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provisions thereof relative to filling vacancies in said office; and for other purposes.

HB 568. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 88-1807, relating to the issuance of revenue anticipation certificates by hospital authorities, so as to provide that no resolution for issuance and sale or revenue antic ipation certificates by a hospital authority shall be valid until the qualified voters of the county or municipality have approved the resolu tion in a referendum election; and for other purposes.

HB 569. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor . . .", relating to territorial limits; and for other purposes.

.HB 570. By Messrs. Jones of the 59th, Scarlett of the 67th, Nessmith of the 44th, Harrison of the 66th Gignilliat of the 89th, Whaley of the 93rd and others:
A Bill to be entitled an Act to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to provide for the establish ment of marine resources extension centers; to reconstitute the member ship of the Board of Trustees; and for other purposes.

HB 571. By Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend Title 92 of the Code of Georgia, relating to Public Revenue, so as to provide that all taxes due the State or any county remaining unpaid on December 1 in each year shall begin bearing interest from said date; and for other purposes.

HB 572. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles without a warrant; and for other purposes.

HB 573. By Mr. Connell of the 79th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home

TUESDAY, FEBRUARY 25, 1969

871

intended to be used as a residence being located within such county or municipality; and for other purposes.

HB 574. By Messrs. Davis, Floyd, Higginbotham and Westlake of the 75th, Dean of the 76th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating a chairman and board of county commissioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.

HB 575. By Messrs. Levitas and Harris of the 77th, Egan of the 116th, Horton of the 95th, Dodson of the 82nd and Wilson of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the amount of funds needed by a county or area school system to pay expenses of pupil transportation shall be paid entirely from State funds and shall not be considered in determining local units of administrations' shares of the cost of supporting the Minimum Foundation Program of Education; and for other purposes.

HR 199-575. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st:
A Resolution authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes.

HR 200-575. By Messrs. Chandler and Harrington of the 34th:
A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes.

HR 201-575. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes.

HB 576. By Mrs. Hamilton of the 112th and Mr. Horton of the 95th:
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 Board of Aldermen; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 110. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.

SB 111. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to be entitled an Act to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals; and for other purposes.

SB 116. By Senators Webb of the llth, Noble of the 19th, Bateman of the 27th and Adams of the 26th:
A Bill to be entitled an Act to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, so as to provide for a definition of the term "State property"; and for other purposes.

SB 127. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that certain rules and regulations promulgated by the Director of Probation and approved by State Board Of Probation shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable pro visions and procedure as set forth in the "Georgia Administrative Procedure Act"; and for other purposes.

SB 128. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, so as to provide that certain rules and regulations adopted and promulgated by the Board of Pardons and Paroles shall be adopted, etc., in accordance with the applicable provisions and procedure as set forth in the "Georgia Ad ministrative Procedure Act"; and for other purposes.
SB 130. By Senator Coggin of the 35th:
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 so as to provide that certain rules and regulations shall be

TUESDAY, FEBRUARY 25, 1969

873

adopted, etc. in accordance with the applicable provisions and procedure as set forth in the Georgia Administrative Procedure Act; and for other purposes.

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 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 9- 14. Do Pass. HR 18- 37. Do Pass. HR 19- 37. Do Pass. HR 20- 37. Do Pass. HR 34- 45. Do Pass. HR 40- 71. Do Pass. HR 53-128. Do Pass. HR 54-128. Do Pass. HR 85-219. Do Pass. HR 89-252. Do Pass. HR 93-276. Do Pass. HR 111-283. Do Pass. HR 112-283. Do Pass. HR 114-283. Do Pass. HR 121-329. Do Pass.

HR 132-375. Do Pass.

Respectfully submitted,

Floyd of the 7th,

Chairman.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

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Mr. Speaker:

Your Committee on Education 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 174. Do Pass. HR 179-462. Do Pass.

Respectfully submitted, Barber of the 1st, Chairman.

Mr. Conner of the 56th, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 319. Do Pass. HB 320. Do Pass.
Respectfully submitted, Conner of the 56th, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 254. Do Pass, as Amended. HB 539. Do Pass. HB 163. Do Pass, by Substitute.
Respectfully submitted, Harris of the 77th, Chairman.

TUESDAY, FEBRUARY 25, 1969

875

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 204. Do Pass by Substitute. HB 292. Do Pass. HB 308. Do Pass. HB 464. Do Pass. HB 465. Do Pass. HB 466. Do Pass. HB 469. Do Pass. HB 491. Do Pass as Amended. HB 503. Do Pass. HB 504. Do Pass. HB 506. Do Pass as Amended. HB 508. Do Pass. HB 510. Do Pass. HB 512. Do Pass. HB 516. Do Pass. HB 517. Do Pass. HB 520. Do Pass. HB 521. Do Pass. HB 526. Do Pass. HB 528. Do Pass. HB 530. Do Pass. HB 531. Do Pass. HB 535. Do Pass. HB 536. Do Pass. HB 537. Do Pass. HB 541. Do Pass. HB 542. Do Pass as Amended. HB 544. Do Pass. HB 545. Do Pass.

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HB 547. Do Pass. HB 552. Do Pass. HB 553. Do Pass. HB 554. Do Pass. HB 555. Do Pass. HB 556. Do Pass. HB 574. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judici ary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 86. Do Pass as Amended. HB 274. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Chandler of the 34th, 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 Bills and Resolutions of the House and Senate and has in structed me as Chairman, to report the same back to the House with the following recommendations:
HB 485. Do Pass. HB 499. Do Pass. HR 82-219. Do Pass. HR 128-341. Do Pass. HR 139-399. Do Pass.

TUESDAY, FEBRUARY 25, 1969

877

HR 178-462. Do Pass.

HR 194-557. Do Pass.

HR 199-575. Do Pass.

HR 200-575. Do Pass.

HR 201-575. Do Pass.

SR

37. Do Pass.

Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 412. Do Pass. HB 509. Do Pass by Substitute.
Respectfully submitted, McCracken of the 36th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 204. By Mr. Henderson of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, as amended, so as to provide for the number of Assistant Dis trict Attorneys that may be employed by the District Attorney; to pro vide for compensation of the District Attorney and Assistant District Attorneys; 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 the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as

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amended by an Act approved February 8, 1955 (Ga. Laws 1955, p. 149), an Act approved 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), an Act approved April 11, 1967 (Ga. Laws 1967, p. 465), an Act approved April 18, 1967 (Ga. Laws 1967, p. 776), and an Act approved March 11, 1968 (Ga. Laws 1968, p. 285), so as to provide for the number of Assistant District Attorneys that may be employed by the District Attorney; to provide for the salaries of the Assistant District Attorneys; to provide for a supplement for judges of the Cobb County Superior Court; to provide for the salary of the District Attorney; to change the compensation of the investiga tor; to provide for the compensation, duties and responsibilities of the District Attorney and the Assistant District Attorney; to provide for the qualifications of the Assistant District Attorney; to authorize addi tional investigators upon approval by the governing authority of Cobb County, Georgia; to authorize the governing authority of Cobb County, Georgia to provide for travel expenses for the District Attorney and/or his investigators; to repeal conflicting laws; to provide an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I
An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended by an Act approved Febru ary 8, 1955 (Ga. Laws 1955, p. 149), an Act approved 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), an Act approved April 11, 1967 (Ga. Laws 1967, p. 465), an Act approved April 18, 1967 (Ga. Laws 1967, p. 776), and an Act approved March 11, 1968 (Ga. Laws 1968, p. 285), is hereby amended by striking Section 4 in its entirety, and substituting a new Section 4 to read as follows:
"Section 4. The offices of the Judges and the District Attor ney of the Superior Court of the Cobb Judicial Circuit are hereby created. Each Judge of the Superior Court of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that each such Judge shall receive $26,000.00 per annum as remuneration for services rendered as a Superior Court Judge of the Cobb Judi cial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $26,000.00 or more per annum, such local supplement provided herein shall

TUESDAY, FEBRUARY 25, 1969

879

be discontinued. The District Attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supple ment, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that such District Attorney shall receive $25,250.00 per annum as remunera tion for services rendered as the District Attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $25,250.00 or more per annum, such local supplement provided herein shall be discontinued. The District Attorney 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 District Attorney of the Cobb Judicial Circuit and all future District Attorneys may prosecute to final completion all cases in which his name appears as counsel of record and which were filed prior to his assuming the office of District Attorney of the Cobb Judicial Circuit."

SECTION 2

Said Act is further amended by striking Section 4 (a) in its entirety and inserting in lieu thereof a new Section 4 (a) to read as follows:

"Section 4. (a) Said District Attorney is hereby authorized to appoint an investigator, Cobb Judicial Circuit, to serve at the pleasure of said District Attorney, and to generally perform such duties as may be assigned by said District Attorney. He shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff; he shall be subpoena clerk in the Superior Court for the purpose of summoning witnesses before the grand jury. He shall receive as compensation for the performance of such duties, the sum of $8,360.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County, Georgia."

SECTION 3

Said Act is further amended by striking therefrom Section 4B (Ga. Laws 1965, p. 548, et seq.) of said Act in its entirety, and substituting a new Section 4B to read as follows:

"Section 4B. The District Attorney is hereby authorized to appoint two full-time Assistant District Attorneys and one parttime Assistant District Attorney to serve at the pleasure of the District Attorney, who shall assist the District Attorney in the perpormance of his duties. Said Assistant District Attorneys shall have been admitted to the practice of law in all of the Courts of the State of Georgia, and be members in good standing of the State Bar of Georgia, and shall be authorized to serve in the place of the District Attorney, in his absence or disqualification. The Assistant District Attorneys shall be compensated in the sum of not less than $9,000.00 nor more than $14,000.00 per annum. The exact amount of said compensation shall be determined by the

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District Attorney of the Cobb Judicial Circuit. Said sums to be payable in equal monthly installments from the general funds of said County. In the event of the absence or disqualification of the District Attorney, the part-time Assistant District Attorney shall assume his duties and the part-time Assistant District Attorney is hereby required to have the same qualifications as the Constitution and laws of the State of Georgia provide for the District Attorney."

SECTION 4

Said Act is further amended by striking therefrom Section 4C (Ga. Laws 1968, p. 285, et seq.), and also Section 4 (C) (Ga. Laws 1967, p. 776), in their entirety, and substituting a new Section 4C to read as follows:

"Section 4C. The District Attorney of the Cobb Judicial Cir cuit is hereby authorized to appoint such additional investigators as may be approved by the governing authority of Cobb County. Such additional investigators shall serve at the pleasure of said District Attorney, and shall perform such duties as may be assigned by the District Attorney. The compensation of any additional in vestigators so appointed shall be fixed by the governing authority of Cobb County and shall be paid in equal monthly installments from the funds of Cobb County; provided, that no investigator now employed by the District Attorney's office shall receive less com pensation than he is receiving at the time of the passage of this Act."

SECTION 5
Said Act is further amended by adding at the end of Section 4C a new Section to be known and designated as Section 4D, said Section 4D to read as follows:
"Section 4D. The governing authority of Cobb County is here by authorized to provide travel expenses for the District Attorney and/or his investigators, in such sums and amounts as may from time to time be deemed necessary by the governing authority."

SECTION 6
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 7
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

TUESDAY, FEBRUARY 25, 1969

881

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 Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 491. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to amend an Act to create a Board of Com missions of Butts County, as amended, so as to authorize the Board to designate one of its members to perform additional duties and to be compensated therefor; and for other purposes.

The following Committee amendment was read and adopted.

The Committee on Local Affairs moves to amend HB 491 as follows:
By adding in the title, after the following:
"to authorize the Board to employ a County Attorney;",
the following:
"to authorize the Board to provide certain insurance cover age;", and
By renumbering Sections 4, 5 and 6, as Section 5, 6 and 7, re spectively; and
By adding after Section 3, the following:
"Section 4. Said Act is further amended by adding a new Section to be designated as Section 7B to read as follows:
'Section 7B. The Board shall have the authority to expend general funds of Butts County for the purpose of providing in surance and hospitalization benefits for its officers and em ployees.' "

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.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 542. By Messrs. Kreeger, Wilson, Housley, McDaniell, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, as amended, so as to authorize the judges of said judicial circuit to employ two full time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of criminal felony cases; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 542 as follows:
By striking subsection (a) of quoted Section 9 of Section 1 in its entirety and inserting in lieu thereof the following:
"(a) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for prepara tion of criminal trial transcripts in the superior courts, and in the Civil and Criminal Courts of said county; said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County upon the order of the presiding judges of said circuit:
For each legal page 8%" x 14" and having thereon at least 23 lines, the sum of sixty (60(0 cents per page for each transcript copy required by law under Code Section 6-805 (Ga. Laws 1965, p. 18 as amended, and subsequent amendments) ; and the further sum of thirty (30(0 cents per page for such additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any State or County officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without ex pense."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, FEBRUARY 25, 1969

883

HB 506. By Messrs. Russell and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Meigs, as amended, so as to extend the corporate limits of said town; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 506 as follows:
By inserting in the title after the word:
"Town" and before the word "to",
the following:
"to provide for a referendum;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the governing authority of the Town of Meigs to issue the call for an election for the purpose of submitting this Act to the voters of the territory proposed to be annexed by this Act for approval or rejection. The governing au thority shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The governing authority shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Thomas County. The ballot shall have written or printed thereon the words:
'For approval of the Act extending the corporate limits of the Town of Meigs.
'Against approval of the Act extending the corporate limits of the Town of Meigs.'
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Meigs. It shall be the duty of the governing authority to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the

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JOURNAL OP THE HOUSE,

governing authority 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.

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 292. By Mr. Mason of the 13th:
A Bill to be entitled an Act to repeal an Act entitled, "An Act to estab lish the city court of Buford, in the City of Buford, in the county of Gwinnett. . . . ."; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 308. By Mr. Lewis of the 37th: A Bill to be entitled an Act to authorize and direct the governing au thorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 25, 1969

885

HB 464. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to abolish the present method of com pensating the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 465. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937 (Ga. Laws 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions relating to the lawful voting age; to repeal con flicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 466. By Mr. Sweat of the 65th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of com pensation, approved March 30, 1965, (Ga. Laws 1965, p. 2897), as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

886

JOURNAL OF THE HOUSE,

HB 469. By Messrs. Sherman and DeLong of the 80th, Connell of the 79th, Simkins, Maxwell and Miles of the 78th:
A Bill to be entitled an Act to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 503. By Messrs. Kreeger, Atherton, Wilson, Housley, Burruss and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 504. By Messrs. Kreeger, Housley, Atherton, Burruss, Wilson and Henderson of the 117th: A Bill to be entitled an Act to provide for the compensation of the Judge of the Cobb County Juvenile 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.

TUESDAY, FEBRUARY 25, 1969

887

HB 508. By Messrs. Kreeger, Wilson, Atherton, Housley and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner and the cheif clerk of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 510. By Messrs. DeLong and Sherman of the 80th, Miles, Maxwell and Simkins of the 78th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district begin ning with the election in 1969, to a four-year term; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 512. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

888

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 516. By Messrs. Cole and Leonard of the 3rd:
A Bill to be entitled an Act to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 517. By Messrs. Cole and Leonard of the 3rd: A Bill to be entitled an Act to authorize the creation of water, sewerage, garbage, electricity, gas or fire protector districts within Whitfield County 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th: A Bill to be entitled an Act to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall be paid; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 25, 1969

889

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 521. By Messrs. Bond of the lllth, Brown of the 110th, Alexander of the 108th, Horton and Gates of the 95th, Hood of the 99th and others:
A Bill to be entitled an Act to provide for the suspension of the duty to pay for dwellings certified to be unfit for human habitation in all municipalities of this State having a population of not less than 400,000; 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 526. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city including therein all territory, parcels of land and tracts heretofore annexed to or pur ported to be incorporated within the limits of the city by City Annex ation Ordinances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.

890

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 530. By Messrs. Kreeger, McDaniell, Housley, Atherton and Burruss of th& 117th:
A Bill to be entitled an Act to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove de partment heads from the provisions 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 531. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 535. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss, Henderson and McDaniell of the 117th: A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Cobb County, so as to empower

TUESDAY, FEBRUARY 25, 1969

891

said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 536. By Messrs. Lane of the 101st, Horton, Felton, Cates and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the salary of the Mayor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 537. By Messrs. Lane of the 101st, Horton, Felton, Cates and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Fulton County, relating to employees; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

892

JOURNAL OF THE HOUSE,

HB 541. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Thompson of the 86th:
A Bill to be entitled an Act to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with 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.

HB 544. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Port Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 545. By Mr. Grahl of the 40th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such im proved premises; and for other purposes.
The report 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.

TUESDAY, FEBRUARY 25, 1969

893

The Bill, having received the requisite constitutional majority, was passed.

HB 547. By Messrs. Cole, Leonard and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, so as to incorporate in said city certain land lots in the 12th District, 3rd Section of Whitfield County now incorporated in said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 553. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Twiggs County and providing in lieu thereof an annual salary, so as to change provisions relating to the number of deputies, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

894

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 554. By Mr. Hadaway of the 27th:
A Bill to be entitled an Act to amend an Act creating a hoard of com missioners of roads and revenues for the County of Twiggs, so as to change the compensation of the commissioners of said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 555. By Mr. Hadaway of the 27th: A Bill to he entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 556. By Mr. Hadaway of the 27th: A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compensa tion of the chairman and members of said commission, and to provide for reimbursement of certain expenses; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 25, 1969

895

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House and Senate, to-wit:

HR 62-136. By Messrs. Burruss, McDaniell, Wilson, Kreeger, Atherton, Housley and Henderson of the 117th: A Resolution pertaining to Uniform Time; and for other purposes.
SR 62. 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.
The Senate has adopted the following Resolution of the House, to-wit:
HR 198. By Messrs. Levitas and Thomason of the 77th, Morris of the 73rd, Dean of the 76th, Ezzard of the 102nd and Gates of the 95th: A Resolution commending the Atlanta Chiefs; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appro priations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

896

JOURNAL OP THE HOUSE,

HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A Bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 107. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th and others:
A Bill to amend "Georgia Military Forces Reorganization Act", so as to provide when the State militia may be ordered to State active duty; to provide for certain A.W.O.L. cases; to clarify pay provisions; to provide for certain immunity; to repeal conflicting laws; and for other purposes.

SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th and others:
A Bill to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; to provide for all procedures, requirements and other matters in connection with the foregoing; to provide for penalties; to repeal conflicting laws; 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 62. 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.
Referred to the Committee on Industry.
SB 107. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to be entitled an Act to amend "Georgia Military Forces Reorgan ization Act", so as to provide when the State militia may be ordered to Armory duty; to provide for certain A.W.O.L. cases; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

TUESDAY, FEBRUARY 25, 1969

897

SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th, and others:
A Bill to be entitled an Act to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; and for other purposes.
Referred to the Committee on State Institutions & Property.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969; and for other purposes.

The following Senate substitute was read:

A BILL

To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appropri ated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations here tofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.
Section 1. Legislative Branch
1968-69 _----------------_------_----_----.--._-$2,200,000.00

Provided that the objects "personal services" and "oper ating expenses" in the Budget Report shall be changed to read as follows:
Personal Services _~~___._..__._._____----___--$ 900,000.00
Operating Expenses --._..--_.--_.._......_.___.___..---$1,100,000.00

Section 2. Comptroller General

1968-69 .-

.--------_------,,-------.-$ 75,708.00

898

JOURNAL OF THE HOUSE,

Section 3. Department of Industry and Trade 1968-69 __,,__..__.___________________$ 173,100.00

Section 4. Secretary of State--Combined Divisions 1968-69 _____________________________$ 42,260.00

Section 5. Department of Agriculture 1968-69 ___________________________.____._.$1,000,000.00

Provided that the object "operating expenses" in the Budget Report shall be changed to read as follows:

Operating Expenses _______.______________________$ 35,000.00 Fire Ant Eradication _________________________________________$ 715,000.00 Hog Cholera Indemnities _____________________________$ 150,000.00

Section 6. Department of Mines, Mining and Geology--Surface Mined Land Use Board
1968-69 ______________________.__..._..$

25,500.00

Section 7. North Georgia Mountains Commission 1968-69 ___________________________-______$ 35,400.00

Section 8. State Board of Corrections 1968-69 _______________________________.__.$ 100,000.00

Section 9. State Board of Education--Department of Education
1968-69 _______________________________.$ 769,994.00

Section 10. Highway Department Capital Outlay-- Airport Development
1968-69 ________________________________$ 446,364.00

Section 11. Governor's Emergency Fund 1968-69 _________________________________$1,350,000.00

Section 12. Game and Fish Commission 1968-69 -__________,,___________________$ 20,000.00

Provided that the above amount is appropriated to the Game and Fish Commission to be placed in operating expenses for the purpose of paying Workmen's Compensation benefits.

TUESDAY, FEBRUARY 25, 1969

899

Section 13. All expenditures and appropriations made and author ized under this Act shall be according to the objects and for the pro grams and activities as specified in the Governor's recommendations contained in the Supplemental Budget Report submitted to the General Assembly at the regular January, 1969, session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between ob jects and programs subject to the conditions that no funds whatsoever shall be transferred for use initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Repre sentatives in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source de rived. The State Auditor shall make an annual report to the Appropri ations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any depart ment, bureau, board, commission, institution, 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 allo cation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 14. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduc tion of the amount of each such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as pro vided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State.

Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION 1968-69 ^____..._.^$6,238,316.00

Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

900

JOURNAL OP THE HOUSE,

Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ployd of the 7th moved that the House disagree to the Senate substitute.

The motion prevailed, and the Senate substitute was disagreed to.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Industry:

HB 573. By Mr. Connell of the 79th:
A Bill to be entitled an Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home intended to be used as a residence being located within such county or municipality; and for other purposes.

Mr. Gunter of the 6th 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 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 19th and Harris of the 10th:
A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.

The consent was granted, and HB 50 was reconsidered.

Mr. Busbee of the 61st arose to a point of personal privilege and addressed the House.

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:

TUESDAY, FEBRUARY 25, 1969

901

HB 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th t
A Bill to provide supplementary appropriations for the remainder of thefiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; 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 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969; and for other purposes.

Mr. Floyd of the 7th moved that the House insist on its position in disagree ing to the Senate substitute and that a Committee of Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Messrs. Floyd of the 7th, Odom of the 61st and Harrison of the 66th.

Under the general order of business, the following Resolutions of the House were taken up for consideration and read the third time:

HR 9-14. By Mr. Harris of the 77th: A Resolution compensating Mrs. Jessie L. Rust; 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 163, nays 0.

902

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.

HR 18-37. By Mr. Mauldin of the 12th:
A Resolution compensating Miss Linda Deanne Morris; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 19-37. By Mr. Mauldin of the 12th: A Resolution compensating Mr. Jimmy D. Bond; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 20-37. By Mr. Smith of the 43rd: A Resolution compensating Mr. William B. Johnson; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 25, 1969

903

HR 34-45. By Messrs. Matthews, Fallin and Bostick of the 63rd: A Resolution compensating Mr. C. F. Lewis; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 40-71. By Mr. Moore of the 6th: A Resolution compensating Mrs. Fred Rider; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 53-128. By Mr. Phillips of the 50th:
A Resolution compensating Mr. Herman Robinson and Mr. C. O. Innis; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 54-128. By Mr. Joiner of the 35th:
A Resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.

904

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 85-219. By Mr. Lowrey of the 9th:
A Resolution compensating the Ransom Floral 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 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 89-252. By Mr. Graves of the 9th: A Resolution compensating Mr. Robert Lee Baldwin; 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 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 93-276. By Mr. Dorminy of the 48th: A Resolution compensating Mr. K. W. Justice; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, FEBRUARY 25, 1969

905

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 111-283. By Mr. Dixon of the 65th: A Resolution compensating Clyde Perdie Lee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 112-283. By Mr. Mauldin of the 12th: A Resolution compensating Mr. Travis Parson; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 114-283. By Mr. Gunter of the 6th:
A Resolution compensating Mr. Joe Jackson Chitwood; 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 163, nays 0.

906

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.

HR 121-329. By Mr. Reaves of the 71st: A Resolution compensating Mr. J. C. Sapp; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 132-375. By Messrs. Brown and Melton of the 32nd:
A Resolution compensating Mr. Idus Eugene Sanders; 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 163, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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 76. By Messrs. Murphy of the 19th, Lane of the 44th and Paris of the 14th: A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropri ations heretofore or hereafter made for the operation of the agencies

TUESDAY, FEBRUARY 25, 1969

907

of the State provided for herein and the purposes provided for herein; and for other purposes.

The president has appointed on the part of the Senate the following Senators: Plunkett of the 30th, Cog-gin of the 35th and Holloway of the 12th.

Mr. Murphy of the 19th asked unanimous consent that the rules of the House be suspended in order that the State Budget Director and other tax and finance experts be allowed to appear before the House to testify and answer questions regarding the tax measures to be considered this day.

Mr. Hill of the 97th objected.

Mr. Murphy of the 19th moved.

The motion prevailed, and the rules were suspended to permit said testi monies.

Under the general order of business, the following Bills of the House were again taken up for consideration:

HB 103. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act approved March 30, 1939 relative to the taxation of cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.

An amendment, offered by Messrs. Parker of the 44th and Northcutt of the 21st, was read and ruled out of order by the Speaker.

A substitute, offered by Messrs. Pafford of the 64th and Nessmith of the 44th, was read and ruled out of order by the Speaker.

The following amendment was read:
Mr. Townsend of the 115th moves to amend HB 103 as follows:
Section 3 (a), paragraph 4 by changing the words "nine cents" to "eleven cents" so as to read as follows:
"Cigarettes: eleven cents per package of 20, and at a like rate, pro rata, for other size packages".

908

JOURNAL OF THE HOUSE,

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 Barber Bond Brown, B. D. Carnes
Davis, E. T. Dodson Egan

Gaynor Gunter Hamilton Higginbotham Hill, B. L. Keen Knapp Lambert

Lee, W. S. Marcus Mason Nash Townsend Wood

Those voting in the negative were Messrs.

Alexander Anderson Atherton Ballard Barfield Battle Bell Bennett Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Caldwell Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Davis, W. Dean, J. E. Dean, N.

Dent Dickinson Dixon Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Geisinger Gignilliat Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson

Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters

Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush

TUESDAY, FEBRUARY 25, 1969

909

Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason

Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

Those not voting were Messrs.:

Bostick Bowen Daugherty DeLong Ellis Gary

Jordan, G. Knowles Leonard Miles Moore Morris

Poole Shanahan Simmons Smith, V. T. Mr. Speaker

On the adoption of the amendment, the ayes were 22, nays 156.

The amendment was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative weie Messrs.:

Adams Alexander Barber Bennett Berry Bohannon Bond Brown, B. D. Brown, C. Carnes Gates Cole Colwell

Connell Cook Cooper Davis, E. T. Dean, J. E. Dean, N. Dent Egan Ellis Farrar Felton Graves Gunter

Hale Hamilton Harris, J. P. Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Joiner Jones, C. M. Jones, M. Jordan, H. S. Keyton

910
Knapp Lambert Lane, W. J. Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Milford

JOURNAL OF THE HOUSE,

Murphy Nash Nessmith Northeutt Nunn Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, W. R. Roach Rowland

Russell Scarlett Sherman Simkins Sims Snow Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware

Those voting in the negative were Messrs.:

Anderson Atherton Ballard Barfield Battle Bell Black Blalock Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Buck Burruss Busbee Caldwell Cato Chandler Clarke Collier Collins, M. Collins, S. Conner Crowe Dailey Davis, W. Dickinson Dixon Dodson Dorminy

Douglas Edwards Evans Fallin Farmer Floyd, J. H. Floyd, L. R. Gary Gei singer Gignilliat
Grahl Hadaway Hargrett Harrington Henderson
Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Jones, Herb Keen Kreeger Lane, Tick Lee, W. J. (Bill) Lee, V. S. Levilas

Matthews, D. R. McDaniell Merritt Miller Moate Mullinax Odom Pafford Patterson Phillips, L. L. Pickard Pinkston Potts Rainey Reaves Ross Rush Salem Scarborough Shepherd
Smith, J. R. Sorrells Sweat Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

Those not voting were Messrs.:

Conger Daugherty

DeLong Ezzard

Funk Gaynor

Harrison Jordan, G. Knowles Leonard Miles

TUESDAY, FEBRUARY 25, 1969

911

Moore Morris Poole Shanahan Simmons

Smith, V. T. Wood Mr. Speaker

On the passage of the Bill, the ayes were 80, nays 95.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Harrison of the 66th requested that the Journal show that he would have voted "nay" on the passage of HB 103, had he been present.

Mr. Conger of the 68th stated that because of mechanical failure, he could not record his vote. He intended to vote "nay".

Mr. Morris of the 73rd stated that he had been called from the floor of the House when the roll was called on HB 103, but had he been present would have voted "nay".

Mr. Paris of the 14th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional major ity to HB 103.

HB 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The Committee substitute, offered by the Committee on Ways and Means was read and withdrawn by unanimous consent.

The following substitute, offered by Messrs. Grahl of the 40th and Conger of the 68th, was read and adopted:
A BILL
To be entitled an Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. Laws 1937, p. 851), as amended, particularly by an Act approved February 16, 1938

912

JOURNAL OF THE HOUSE,

(Ga. Laws 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), and an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 22), so as to provide for an increase in taxes on certain wines; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. Laws 1937, p. 851), as amended, particu larly by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), and an Act approved June 22, 1955 (Ga. Laws, Ex. Sess., p. 22), is hereby amended by striking Section 3 in its entirety and in lieu thereof inserting the following:
"Section 3. There is hereby levied and imposed on the first sale, use or possession within this State of wines the following taxes:

(a) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of not more than fourteen (14) percent alco hol by volume, forty cents per gallon and a proportionate tax at like rates on all fractional parts of a gallon.

(b) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcoholic strength of not more than fourteen (14) percent alcohol by volume, one dollar and fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.

(c) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of more than fourteen (14) percent alcohol by volume, one dollar ($1.00) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.

(d) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, to which wine spirits produced from without the State of Georgia have been added, having an alcoholic strength of more than fourteen (14) per cent alcohol by volume, one dollar ($1.00) per gallon and a propor tionate tax at a like rate on all fractional parts of a gallon until January 1, 1971, and thereafter this tax shall become two dollars fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.

TUESDAY, FEBRUARY 25, 1969

913

(e) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcholic strength of more than fourteen (14) percent alcohol by volume, two dollars and fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon.

Section 2. This Act shall become effective on June 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, 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 Bell Bennett Berry Black Blalock Bohannon Bond Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Carnes Cates Clarke Cole Collins, M. Colwell Conger Connell Conner Cooper Dailey

Davis, E. T. Dean, N. Dent Dixon Dodson Dorminy Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hamilton Harris, J. F. Harris, J. R.
Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Hood

Horton Howell Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen
Keyton Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Milford Miller Moate Moore Mullinax

914
Murphy Nash Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston

JOURNAL OF THE HOUSE,

Potts Reaves Roach Rush Russell Salem Scarlett Shepherd Sherman Simkins Simmons Sims Snow Sorrells

Sweat Thomason Thompson, A. W. Thompson, R.
Toles
Townsend Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.

Atherton Bowen Brantley, H. H. Brown, B. D. Caldwell Cato Chandler Collins, S. Cook Crowe Dickinson Douglas

Floyd, J. H. Floyd, L. R. Harrington Harrison Henderson Holder Housley Jones, Herb Kreeger Lane, Dick Lee, W. S. Levitas

Merritt Odom Pafford Peterson Rowland Scarborough Smith, J. R. Wamble Whaley Winkles Wilson

Those not voting were Messrs.:

Barfield Bostick Collier Daugherty Davis, W. Dean, J. E. DeLong Funk Hadaway

Hale Hargrett Johnson Jordan, G. Knowles Leonard McDaniell Miles Morris

Phillips, G. S. Poole Rainey Ross Shanahan Smith, V. T. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 134, nays 35.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Pickard of the 84th stated that he had inadvertently voted "aye" but intended to vote "nay" on the passage of HB 104, by substitute.

TUESDAY, FEBRUARY 25, 1969

915

Mr. Brown of the 110th stated that he had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 104, by substitute.

Mr. Morris of the 73rd and Mr. Ross of the 26th stated that they had been called from the floor of the House when the roll was called on the passage of HB 104, by substitute, but had they been present would have voted "nay".

Mr. Harrison of the 66th requested that the Journal show that had he been present, he would have voted "nay" on HB 104, by substitute.

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder; and for other purposes.

By unanimous consent, further consideration of HB 162 was postponed until tomorrow, February 26, 1969, immediately after the period of unanimous consents.

Mr. Busbee of the 61st 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.

916

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Wednesday, February 26, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. James Burrell, Pastor, First Baptist Church, Bainbridge, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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, Wednesday, February 26,1969, and submits the following:

HB

81. Motor Fuel Taxes, Distributors--PP

HB 162. Corporation & Individuals, Rates of Taxation PP to 2/26/69

HB 319. Securities Act, Endowment Policies

HB 320. Variable Annuity Contract, Define

HB 347. State Aid Roads, Corporate Limits

WEDNESDAY, FEBRUARY 26, 1969

917

HB 413. Lender Credit Card Act HB 436. Rural Roads Authority Act, Amend HR 178-462. Convey Land, Bibb County HR 199-575. Convey Easement, Bibb County HR 200-575. Convey Land, Baldwin County HR 201-575. Convey Land, Baldwin County

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 61st, Vice-Chairman

The following communication from the Honorable Ben W. Fortson, Jr., Sec retary of State, was received and read:

Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

February 26, 1969

Dear Sir:

I hereby certify that the consolidated returns on file in this office of the special run-off election held on the 19th day of February, 1969, in the 103rd District, Fulton County, Georgia, for the purpose of electing a Representative to the General Assembly show the following results:

Precinct

Jack Wilkerson (Rep.)

4H

69

41

57

4K

18

4L

55

4M

93

4N

44

4P

55

4R

256

4S

44

4X

28

Absentee votes

4

Herman R. Helton (Ind.) 95 24 11
143 40 47 87 135 46
6 6

Total votes (SEAL)

723

640

Given under my hand and seal of office on this the 26th day of February, 1969. BEN W. FORTSON Secretary of State

918

JOURNAL OP THE HOUSE,

The oath of office was administered to Honorable Jack Wilkerson by Honor able Hiram K. Undercofler, Associate Justice, Supreme Court of Georgia.

The following communication from the Honorable George L. Smith II, Speaker of the House of Representatives, was received:
February 26, 1969
Honorable Glenn W. Ellard Clerk, House of Representatives Room 309 -- State Capitol Atlanta, Georgia
Dear Jack:
I am today appointing Representative Jack Wilkerson of District 103 to the following committees of the House:
1. Motor Vehicle 2. Insurance 3. Game & Fish
Mr. Wilkerson has been assigned to seat number 127. With kindest regards, I am
Sincerely yours, Geo. L. Smith II
GLS: eph CC: Honorable Jack Ray, State Treasurer
Honorable Ben W. Fortson, Jr., Secretary of State Honorable W. M. Williams, Chairman, Motor Vehicle Honorable Jimmy Conner, Chairman, Insurance Honorable Howard Rainey, Chairman, Game & Fish Honorable Gary Bond, Fiscal Officer
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 609. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwithstanding the question of the dependency of the next of kin upon the decedent for support; and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 26, 1969

919

HB 610. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Service Commission, so as to provide authority and power for the Georgia Public Service Commission to enjoin any and all violations of the rules, orders and regulations estab lished by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State; and for other purposes.
Referred to the Committee on Industry.

HB 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodi ties Promotion Act", so as to implement Article VII, Section II, Para graph I-A of the Constitution as amended in 1968; and for other purposes.
Referred to the Committee on Agriculture.

HB 612. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend, consolidate and supersede the sev eral Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new charter therefor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 613. By Messrs. Thompson and Davis of the 86th, Jones and Buck of the 84th, Thompson and Berry of the 85th:
A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 614. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to provide income tax credit or to reimburse low income householders for extraordinary property tax burdens; to provide for definitions and for all matters connected with the foregoing, including certain penalties; and for other purposes.
Referred to the Committee on Ways and Means.

HB 615. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Alto, so as to authorize the Mayor and Council of the Town of Alto to

920

JOURNAL OF THE HOUSE,

levy a tax of not more than 20 mills on all property within the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 616. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the term "established place of business"; and for other purposes.
Referred to the Committee on State of Republic.

HB 617. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.
Referred to the Committee on Local Affairs.

HB 618. By Messrs. Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 619. By Messrs. Bennett, Reeves and Barfield of the 71st:
A Bill to be entitled an Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, so as to alter the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 620. By Mr. Sherman of the 80th:
A Bill to be entitled an Act to create a general lien upon the real prop erty of any person who is receiving or who may receive public assistance on and after a certain date; and for other purposes.
Referred to the Committee on Welfare.

HB 621. By Messrs. Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said

WEDNESDAY, FEBRUARY 26, 1969

921

city; to change the time during which notification of candidacy shall be filed; and for other purposes.
Referred to the Committee on Local Affairs.

HB 622. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in his office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 623. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee sys tem of compensation, so as to change the compensation of the sheriff and ordinary of Haralson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 624. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commissioner of Haralson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 625. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the purchase of certain sup plies, equipment and materials; and for other purposes.
Referred to the Committee on Local Affairs.

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Funk of the 92nd, Moore of the 6th, Roach of the 10th, Sims of the 106th and Sweat of the 65th and others:
A Bill to be entitled an Act to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations, etc., to provide for all matters connected with the foregoing; and for other purposes.
Referred to the Committee on State Institutions & Property.

922

JOURNAL OF THE HOUSE,

HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of an administration de bonis non with will annexed upon appli cation of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an executor has died intestate; and for other purposes.
Referred to the Committee on Judiciary.

HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates, Horton, Hawes, Cook and Felton of the 95th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of the mem bers of the said Civil Service Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A Bill to be entitled an Act to amend the "Building and Loan Act", so as to provide that the terms "shares", "accounts", "share accounts" and "savings accounts" shall be deemed to include, without limitation, "de posits", "savings deposits", "deposit accounts" and other similar termi nology permitted by Federal law to Federal savings and loan associa tions to denote any portion of the capital of such associations; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 224-629. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Resolution authorizing the Governor, on behalf of the State of Georgia to convey to the City of Valdosta, a municipal corporation, an easement for the construction, maintenance, and operation of a sewer line over and through State-owned property located in Lowndes County and oper ated as a part of the State Farmers Market; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 225-629. By Mr. Vaughn of the 74th: A Resolution compensating Mrs. Eleanor Francis; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 26, 1969

923

HB 630. By Messrs. Cook, Horton, Felton, Gates and Hawes of the 95th, Egan of the 116th, Adams of the 100th, Alexander of the 108th 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 provide by ordinance for the establish ment of reasonable fees chargeable to the general public, or any reason able class thereof, for admission to the zoo; and for other purposes.
Referred to the Committee on Local Affairs.

HR 226-630. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 631. By Messrs. Salem and Rush of the 51st:
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; and for other purposes.
Referred to the Committee on Local Affairs.

HB 632. By Messrs. Salem and Rush of the 51st:
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; and for other purposes.
Referred to the Committee on Local Affairs.

HB 633. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Davis of the 86th:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for the policing of the public prop erty, streets, and roads of said County, and the Muscogee County Air port; and for other purposes.
Referred to the Committee on Local Affairs.

HB 634. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.
Referred to the Committee on Local Affairs.

924

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 577. By Messrs. Northcutt of the 21st, Lowrey and Toles of the 9th, Crowe of the 1st:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.

HB 578. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for certain prima facie evidence in each case involving a motor vehicle, the driver of which evaded appre hension by refusing to stop upon signal of a law enforcement official; and for other purposes.

HB 579. By Messrs. Games of the 104th and Adams of the 100th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to authorize and direct the Director of the De partment of Public Safety to cause to be issued to the spouse of each disabled veteran an honorary driver's license; and for other purposes.

HR 202-579. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from heart or brain damage; and for other purposes.

HR 203-579. By Mr. Hill of the 97th:
A Resolution compensating Mr. and Mrs. E. R. Smith; and for other purposes.

HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, so as to change the compensation of the sheriff and the clerk of the superior courts; and for other purposes.

HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Dougherty County, so as to change the compensation of the tax commis sioner ; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1969

925

HB 582. By Messrs. Snow, Crowe and Hale of the 1st, Peters of the 2nd and Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Mountain Judicial Circuit; and for other purposes.

HB 583. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to reincorporate the City of LaFayette in the County of Walker; and for other purposes.

HB 584. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to incorporate and grant a charter to the City of Murrayville; and for other purposes.

HB 585. By Messrs. Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Charlton County; and for other purposes.

HB 586. By Messrs. Matthews and Fallin og the 63rd:
A Bill to be entitled an Act to amend an Act establishing the Colquitt County Airport Authority, so as to change the name of said Authority; and for other purposes.

HR 204-586. By Mr. Caldwell of the 39th:
A Resolution proposing an amendment to the Constitution so as to pro vide that all property held by and belonging to non-profit corporations created and operated for the purpose of providing water supply or sew age disposal, or a combination of such services, shall be exempt from all ad valorem taxation; and for other purposes.

HB 587. By Mr. Horton of the 95th:
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 change the provisions relating to certain distance requirements in con nection with businesses licensed under said Act; and for other purposes.
HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit; so as to provide additional compensation to said court reporter; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 589. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Chapter 27-9 relating to bail, so as to provide that a person shall have the right of bail in all cases in which the maximum punishment permitted is imprisonment for less than 11 years; and for other purposes.

HB 590. By Mr. Alexander of the 108th: A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; and for other purposes.
HB 591. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss and Henderson of the 117th: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to change the compensation of the judges and clerk of said court; and for other purposes.
HB 592. By Mr. Moate of the 28th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.
HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th, Egan of the 116th, Snow of the 1st and Levitas of the 77th: A Bill to be entitled an Act to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.
HB 594. By Mr. Parker of the 46th: A Bill to be entitled an Act to provide that it shall be unlawful for any person to permit certain dogs owned or kept by him to run at large on any unenclosed property or tresspass upon any enclosed or unenclosed property of another person; and for other purposes.
HB 595. By Mr. Lewis of the 37th: A Bill to be entitled an Act to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1969

92.

HB 596. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.

HB 597. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the clerk of the superior court of Putnam County; and for other purposes.

HB 598. By Mr. Moate of the 28th:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensa tion of the Chairman and the members of the Board, and the Clerk of the Board; and for other purposes.
HB 599. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.

HB 600. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 601. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the ordinary of Putnam County; and for other purposes.

HB 602. By Mr. DeLong of the 80th:
A Bill to be entitled an Act to amend Code Title 57, relating to interest and usury, so as to change the prohibition against charging interest in excess of a certain rate; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 603. By Messrs. Paris of the 14th, Harris of the 10th, Anderson of the 49th, Sherman of the 80th and Williams of the llth:
A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, so as to change the schedule of the points to be assessed for certain offenses; and for other purposes.

HE 222-603. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th, Russell of the 70th, Wood of the llth and others: A Resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by The American Legion, Department of Georgia, in commemoration of the 50th anniversary of The American Legion; and for other purposes.
HB 604. By Messrs. Bostick and Fallin of the 63rd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Tifton, so as to change the salary of the city manager; and for other purposes.
HB 605. By Mr. Dean of the 19th: A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the compensation of the jurors for their services; and for other purposes.
HB 606. By Mr. Busbee of the 31st: 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 repeal cer tain exemptions from the taxes imposed by said Act; and for other purposes.
HB 607. By Mr. Conner of the 56th: A Bill to be entitled an Act to amend an Act entitled "An Act to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the 'Georgia Industrial Loan Act'; and for other purposes,", so as to conform the rate of taxation therein to the provisions of a resolution approved Feb. 13, 1956 (Ga. L. 1956, p. 86); to change the method of remitting said tax; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1969

929

HB 608. By Mr. Conner of the 56th:
A Bill to be entitled an Act to amend the Insurance Code, so as to pro vide that the Insurance Commissioner, in determining whether insurers subject to said Chapter have complied therewith, may consider the ex pense, reinsurance and risk factors paid, furnished or absorbed by affili ated insurers; and for other purposes.

SR 62. 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.

SB 107. By Senators Kidd of the 25th, Stephens of the 36th, Reeder of the 55th, and others:
A Bill to be entitled an Act to amend "Georgia Military Forces Reorgan ization Act"; so as to provide when the State militia may be ordered to Armory duty; to provide for certain A. W. 0. L. cases; and for other purposes.

SB 146. By Senators Spinks of the 9th, Kidd of the 25th, Smith of the 34th, and others:
A Bill to be entitled an Act to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, sub mitted the following report:

Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 362. Do Pass.
Respectfully submitted, Matthews of the 63rd, Chairman.

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Mr. Ware of the 30th, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

SB 107. Do Pass.

SB

110. Do Pass.

SB

111. Do Pass.

HB 550. Do Pass.

HR 222-603. Do Pass.

Respectfully submitted, Ware of the 30th, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the follow
ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 201. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.

WEDNESDAY, FEBRUARY 26, 1969

931

Mr. Busbee of the 61st, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HB 352. Do Pass.

Respectfully submitted,
Busbee of the 61st, Vice-Chairman.

Mr. Chandler of the 34th, 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 212. Do Pass by Substitute.
Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Repub lic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 196-565. Do Pass. HB 559. Do Pass. HB 560. Do Pass. HB 561. Do Pass. HB 562. Do Pass as Amended. HB 567. Do Pass.

HB 488. Do Pass.

Respectfully submitted, McCracken of the 36th, Chairman.

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 574. By Messrs. Davis, Floyd, Higginbotham and Westlake of the 75th, Dean of the 76th, Collins and Geisinger of the 72nd, Bell and Morris of the 73rd:
A Bill to be entitled an Act to amend an Act creating a chairman and board of county commissioners of DeKalb County, as amended, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.

The report 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 254. By Messrs. Henderson, Housley, Wilson, McDaniell and Atherton of the 117th: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, as amended, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 254 as follows:
By striking the quoted portion of Section 3 in its entirety and inserting in lieu thereof the following:
"Section 27D. The Assistant District Attorneys assigned to the Civil and Criminal Court of Cobb County shall be compensated in the sum of not less than nine thousand ($9,000.00) dollars nor more than fourteen thousand ($14,000.00) dollars per annum. The exact amount of said compensation shall be determined by the Dis trict Attorney of the Cobb Judicial Circuit. The funds for such compensation shall be paid from the general funds of Cobb County in equal monthly installments."

WEDNESDAY, FEBRUARY 26, 1969

933

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.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 145. By Senators Padgett of the 23rd and Coggin of the 35th: A Bill to revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to require that inmates released from State penal institutions and county work camps be furnished a certain sum of money; and for other purposes.
SB 148. By Senators Padgett of the 23rd and Coggin of the 35th: A Bill to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners so as to provide for extension of limits of places of confinement of certain prisoners; and for other purposes.
SB 149. By Senators Padgett of the 23rd and Coggin of the 35th: A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
SB 173. By Senator Padgett of the 23rd: A Bill to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, as amended, so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confine ment for limited social visits; and for other purposes.

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SB 174. By Senator Padgett of the 23rd:
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 works camps and prisoners; and for other purposes.

SB 175. By Senator Padgett of the 23rd:
A Bill to amend an Act to revise the laws relating to the State Board of Corrections, prisons, public works camps and prisoners, so as to provide that when certain prisoners are needed as witnesses or defendants, they shall be delivered to the sheriff; and for other purposes.

The Senate has adopted the following Resolution of the House, to-wit:

HR 219. By Mr. Harrison of the 66th:
A Resolution commending Honorable Don Lee Hartman; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 145. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to require that inmates released from State penal institutions and county works camps be furnished a certain sum of money; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 148. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for extension of limits of places of confinement of certain prisoners; and for other purposes.
Referred to the Committee on State Institutions and Property.

WEDNESDAY, FEBRUARY 26, 1969

935

SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating within the Depart ment of Family and Children Services an autonomous Division for Chil dren and Youth, and a State Board for Children and Youth, for the pro tection, care, training and supervision of certain children and youth of the State; and for other purposes.
Referred to the Committee on Welfare.

SB 173. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the Direc tor of Corrections to permit certain prisoners to leave their places of confinement for limited social visits; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 174. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for the issuance of court orders requir ing the production of prisoners seeking trials upon pending indictments; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 175. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act to revise the laws relating to the State Board of Corrections, prisons, public works camps and pris oners, so as to provide that when certain prisoners are needed as wit nesses or defendants, they shall be delivered to the sheriff; and for other purposes.
Referred to the Committee on State Institutions and Property.

By unanimous consent, the following Bill of the House was withdrawn from the general calendar and recommitted to the Committee on Hygiene and Sanita tion for further study:

HB 255. By Mr. Henderson of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physi cian or surgeon, licensed to practice medicine and surgery in this State, to perform a sterilization procedure on any person, including a minor, either legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person; and for other purposes.

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The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 121. By Senator Coggin of the 35th:
A Bill to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% per annum to 9% per annum in certain transactions; and for other purposes.

Mr. Murphy of the 19th 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 103. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 14th:
A Bill to be entitled an Act to amend an Act approved March 30, 1937 relative to the taxation of cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.

There was objection.

Mr. Murphy of the 19th moved. On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Ballard Barber Bennett Berry Black Bohannon Bond

Brantley, H. H. Brown, B. D. Brown, C. Busbee Carnes Colwell Connell Cook Cooper Dailey

Davis, E. T. Dean, J. E. DeLong Dent Douglas Egan Parrar Felton Graves Gunter

WEDNESDAY, FEBRUARY 26, 1969

937

Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hood Horton Hudson Hutehinson Jones, C. M. Jones, M. Jordan, H. S. Keyton Knapp Lane, Dick Lane, W. J. Levitas Lewis

Lowrey Matthews, C. McClatchey Melton Miles Milford Moore Mullinax Murphy Northcutt Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Poole Potts Roach Ross

Rowland Rush Russell Salem Scarlett Shepherd Sherman Simkins Simmons Sims Snow Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.:

Anderson Barfield Battle Bell Blalock Bo wen Brantley, H. L. Burruss Cato Collins, M. Crowe Davis, W. Dixon Dodson Edwards

Ellis Ezzard Fallin Floyd, J. H. Floyd, L. R. Funk Gignilliat Holder Johnson Jones, Herb Kreeger Lee, W. S. Longino Matthews, D. R. Merritt

Morris Pafford Phillips, L. L. Pickard Pinkston Reaves Scarborough Smith, J. R. Sweat Westlake Whaley Wheeler, Bobby Winkles Wilson

Those not voting were Messrs.:

Bostick Bray Brooks Buck Caldwell Gates Chandler Clarke Cole Collier Collins, S. Conger Conner

Daugherty
Dean, N. Dickinson Dorminy Evans Farmer Gary Gaynor Geisinger Grahl Hadaway Hale Harrington

Harrison Hill, G. Housley Howell Joiner Jordan, G. Keen Knowles Lambert Lee, W. J. (Bill) Leonard Marcus Mason

938
Mauldin Maxwell McCracken McDaniell Miller Moate

JOURNAL OP THE HOUSE,

Nash Nessmith Nunn Odom Rainey Shanahan

Smith, V. T. Sorrells Ware Wilkerson Mr. Speaker

On the motion to reconsider, the ayes were 95, nays 44.

The motion prevailed, and HB 103 was reconsidered.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A Bill to be entitled an Act to authorize the gift of all or part of a human body after death for specified purposes and under certain condi tions ; and for other purposes.

The following Senate amendment was read:

Senator Bateman of the 27th moves to amend HB 33 by putting a period after the words "signed by him" and striking the remainder of Subsection (e) Section 4 and by striking from Section 7 Subsection (b) the sentence "Thy physician shall not participate in the procedures for removing or transplanting part."

Mr. Harris of the 77th moved that the House disagree to the Senate amend ment.

The motion prevailed, and the Senate amendment was disagreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate recedes from its amendment to the following Bill of the House, to-wit:

WEDNESDAY, FEBRUARY 26, 1969

939

HB 83. By Messrs. Harris of the 77th and Holder of the 49th:
A Bill to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration.

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on cor porations and individuals; and for other purposes.

The following Committee substitute was read:

A BILL
To be entitled an Act to amend Chapters 92-31 and 92-32 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), so as to change the rate of taxation imposed on individuals; to change the rate of taxation on corporations; to change the provisions relating to personal exemptions and credits; to provide certain credits against taxes owed, and the pro cedure for determining same; the change the definitions of "gross income" and "net income"; to provide a new definition for Georgia tax able net income; to provide additional definitions; to provide for adjust ments to the Georgia taxable net income; to incorporate by reference certain provisions of the United States Internal Revenue Code of 1954 in effect on January 1, 1969; to provide that elections made by tax payers under the said United States Internal Revenue Code of 1954 shall be required to be made by Georgia taxpayers, and to provide ex ceptions thereto; to change the formula utilized to impose income tax on certain corporate taxpayers; to change the basis for determining gain and loss from the sale or other disposition of certain property; to amend Code Chapter 92-32 of the Code of Georgia, relating to the filing of income tax returns; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Chapter 92-31 of the Code of Georgia, as amended (the Georgia Income Tax Act of 1931, as amended), relating to the imposition, rate and computation of Georgia income tax, and exemptions and deductions

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thereunder, is hereby amended by striking in its entirety subsection (a) of Section 92-3101, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually with respect to the Georgia taxable net income of the taxpayer as hereinafter defined; and upon every non-resident with respect to his Georgia taxable net income not hereinafter exempted, received by such tax payer from property owned or from business carried on in this State; computed at the following rates:

On the first $1,000, or any part thereof ______________ 0.0% On the next $1,000, or any part thereof ________________ 1.0% On the next $2,000, or any part thereof _______________ 2.0% On the next $2,000 or any part thereof ._--_--_________ 3.5% On the next $2,000, or any part thereof __.___--______. 5.0% On all in excess of $8,000 _-___-.________.-____.___--____ 6.0%

SECTION 2
Said Code Section 92-3101 is further amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) In the case of a joint return of a husband and wife, the tax imposed by Section 92-3101 (a) shall be twice the tax which would be imposed if the Georgia taxable net income were cut in half."

SECTION 3
Said Chapter is further amended by striking Section 92-3102 in its entirety and inserting in lieu thereof a new Section to read as follows:
"92-3102. Rate of Taxation of Corporations--Every domestic corporation and every foreign corporation shall pay anually an in come tax equivalent to six per cent of its Georgia taxable net income which shall be its taxable income from property owned or from business done in Georgia, which shall consist of its taxable income as defined in the Internal Revenue Code of 1954, and with the adjustments provided for in Section 92-3107 (b), and allocated and apportioned as provided in Section 92-3113."

SECTION 4
Said Code Chapter is further amended by striking in its entirety Section 92-3106, relating to personal exemptions and credits, and insert ing in lieu thereof a new Code Section 92-3106, to read as follows:
"92-3106. Personal Credits--There shall be subtracted from the computed tax a personal credit as follows:

WEDNESDAY, FEBRUARY 26, 1969

941

(1) For a single individual or a married person filing a separate return, $20.

(2) For a husband and wife filing a joint return or for a head of household, $40.

(3) For each dependent, $20.

(4) For any taxpayer or his spouse who has attained the age of 65 years before the close of the taxable year and is not the de pendent of another taxpayer, an additional credit of $20.

(5) For any taxpayer or his spouse who is blind at the close of the taxable year and is not the dependent of another taxpayer, an additional credit of $20.

(6) In the case of an individual who dies during the taxable year, the full credits shall be allowed as determined by the status of the individual at the time of his death; full credit shall be allowed to a surviving spouse, if any, according to his status at the close of the taxable year.

(7) For an estate, $15.

(8) For a trust, $5.
(9) For each dependent who is physically handicapped, or men tally r&tarded and is not a ward of the State, an additional $20. 'Physically handicapped' or 'mentally retarded' shall mean physi cally or mentally disabled to the extent that the dependent would be eligible to be a ward of the State.
(10) The State Revenue Commissioner is authorized to make such rules and regulations as will prevent the allowance of any indi vidual for more than one personal credit. In no event shall a refund be made where the credits exceed the tax due."

SECTION 5 Said Code Chapter is further amended by striking, in its entirety, Section 92-3107, relating to the definition of "gross income", and insert ing in lieu thereof a new Section 92-3107, to read as follows:
"92-3107 (a) Georgia Taxable Net Income--Georgia taxable net income (except where the taxpayer is a corporation) shall be the taxpayer's Federal adjusted gross income less the standard

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JOURNAL OP THE HOUSE,

deduction taken, or the sum of all itemized deductions, including additional deductions, and with such adjustments as are provided for in this Act.

Adjustments--
(1) Interest and Dividend Adjustments--There shall be added to taxable income interest income, to the extent that the same is not included in gross income for Federal income tax purposes, on obligations of any State or political subdivision except the State of Georgia and Georgia political subdivisions. There shall also be added to taxable income interest or dividends on obligations of any authority, commission, instrumentality, territory or possession of the United States which by the laws of the United States are exempt from Federal income tax but not from State income taxes.
There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent includible in gross income for Federal income tax purposes but exempt from State income taxes under the laws of the United States. There shall also be subtracted dividends on stocks of banks and trust companies incorporated under the banking laws of this State or of the United States. Any amount subtracted under this subsection shall be reduced by any expenses directly attributable to the production of the interest or dividend income.
(2) Income Tax Deduction Adjustment--There shall be added to taxable income any income taxes imposed by any taxing jurisdiction to the extent deducted in determining Federal taxable income.
(3) Gains and Losses Adjustment--Where taxable income includes gains from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is higher. Where taxable income includes losses from property determined by using a basis estab lished prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the dif ference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is lower.
(4) Deductions and Loss Adjustment--No portion of any deductions or losses, including net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in Georgia may be deducted in any tax year. Where Federal adjusted gross income or net income of corporations includes such deductions or losses an adjustment deleting them shall be made under rules established by the Revenue Commissioner. The Revenue Commissioner shall also provide rules to preserve the deductibility of losses incurred in taxable years beginning

WEDNESDAY, FEBRUARY 26, 1969

943

prior to January 1, 1969, to the extent that such losses would have been deductible as net operating loss carry-overs for a taxable year or years beginning on or after January 1, 1969, if the provisions of Section 92-3109 (m) of the Code of Georgia had continued in effect.

(5) Income, Losses and Deductions Previously Reported--Income, losses and deductions previously used in computing Georgia taxable in come shall not again be used in computing Georgia taxable income and the Commissioner shall provide for needed adjustments by regulation.

(6) Corporations having net long term capital gains from the sale or exchange of capital assets shall deduct one half of such net gains in computing Georgia taxable income.

(7) Adjustment for Gain or Loss on Sales or Exchanges in Con nection with Certain Liquidations--If gain or loss on a sale or exchange of property by a corporation is not recognized under Section 337 of the Internal Revenue Code of 1954, and if any of the distributions in com plete liquidation of such corporation are made to stockholders who are not subject to Georgia income tax, an adjustment shall be made to the taxable income of such corporation to recognize gain or loss realized by the corporation on such sale or exchange in the same proportion as the amount distributed in complete liquidation of such corporation to stock holders who are not subject to Georgia income tax is to the total amount distributed in complete liquidation of such corporation.

(8) Nonrecognition of Gains and Losses Adjustment--When on the sale or exchange of real or tangible personal property located in Georgia gain or loss is not recognized because the taxpayer receives or purchases similar property then such nonrecognition shall be allowed, only when such property is replaced with property located in Georgia.
(9) Exemptions in Other Laws Preserved--This Act shall not be construed to repeal any tax exemptions contained in other Georgia laws not referred to herein. Those exemptions and the exemptions provided for by Federal law and treaty shall be deducted on forms provided by the Commissioner.
(10) Required Elections--All elections made by taxpayer under the Internal Revenue Code of 1954 shall also apply under this Act except elections involving consolidated corporate returns and subchapter "S" elections which shall be treated as follows:
(i) Corporate Elections as to Consolidated Returns--If two or more corporations file Federal income tax returns on a consoli dated basis, and in the event that all of such corporations derive all of their income from sources within Georgia, they must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated Federal income tax return, but derive income from sources without this State must file separate income tax returns with Georgia, unless they have prior approval or have been requested to file a consolidated return by the Depart ment of Revenue.

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(ii) Subchapter "S" Elections--Subchapter "S" elections apply only if all stockholders are subject to tax in Georgia on their portion of the corporate income provided, however, if all non-resident stockholders pay the Georgia income tax on their portion of the corporate income the election shall be allowed by the Commissioner of Revenue.

(11) Dividends from Sources Without or Within the United States --Adjustment--There shall be subtracted dividends received by a corpo ration from sources without the United States as defined in the Internal Revenue Code of 1954; provided that the amount subtracted under this subsection shall be reduced by any expense directly attributable to the dividend income. There shall also be subtracted any dividends received by corporations from affiliated corporations within the United States, when the corporation receiving said dividends is engaged in business in this State and subject to the payment of taxes under the Income Tax Laws of this State, to the extent that such dividends have been included in net income under Section 92-3102. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income.

SECTION 6
Said Code Chapter is further amended by striking, in its entirety, Section 92-3108, relating to the definition of "net income", and inserting in lieu thereof a new Section 92-3108, to read as follows:
"92-3108. The United States Internal Revenue Code of 1954, and References Thereto--Whenever the Internal Revenue Code of 1954 is referred to or used in this Act, it shall mean the United States Internal Revenue Code of 1954 as it existed on January 1, 1969, and any term used in this Act shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1969."

SECTION 7
Subsection (b) of Code Section 92-3201 is hereby amended by strik ing said subsection in its entirety and inserting in lieu thereof the following:
" (b) Taxpayers who file or are required to file returns under the Internal Revenue Code are required to file returns under this Act. If either husband or wife is a nonresident and the other a resident, separate taxes shall be determined on their separate tax able incomes in this State on such forms as the Commissioner shall prescribe unless both elect to determine their joint taxable jncome in this State as if both were residents. If a husband and wife file a joint Federal income tax return but must determine their taxable income in this State separately, they shall compute their taxable incomes in this State as if their Federal adjusted gross income had been determined separately."

WEDNESDAY, FEBRUARY 26, 1969

945

SECTION 8
Said Chapter is further amended by striking, in its entirety, sub section (4) (a) of Section 92-3113, relating to allocation and apportion ment of corporate income, and inserting in lieu thereof a new subsection (4) (a) to read as follows:

"92-3113 (4) (a). Property Ratio--The property ratio is a fraction, the numerator of which is the average value of the tax payers' real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period.

Valuation of Property--Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from sub-rentals.

Averaging Property Values--The average value of property shall be determined by averaging the values at the beginning and ending of the tax period but the State Revenue Commissioner may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property."

SECTION 9 Code Section 92-3113 (4) (d) is amended by striking the words "inventory ratio" and inserting in lieu thereof the words "property ratio".
SECTION 10 Said Code Chapter is further amended by striking in their entirety the following Sections, to-wit:
(a) Section 92-3109, relating to deductions from gross income;
(b) Section 92-3110, relating to items of expense not deductible;
(c) Section 92-3119, relating to the basis for determining gain and loss from the sale or other disposition of certain property;
(d) Section 92-3120, relating to the gain or loss in exchange of certain property; and :
(e) Section 92-3122, relating to the distribution of certain Fed erally exempt trusts.

946

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SECTION 11
The provisions of this Act shall become effective immediately upon its approval, or its otherwise becoming law, and shall apply to all taxable years beginning on and after January 1, 1969.

SECTION 12
Severability. The provisions of the several sections of this Act shall be deemed to be separable insofar as they or their meaning is not inseparably connected and if any provisions of this Act shall be held unconstitutional, such holding shall not affect any of the other provisions thereof.
SECTION 13
All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Dodson of the 82nd moved to divide HB 162 separating Section 3 of said Bill from the main Bill in accordance with House Rule 178 so that Section 3 of said Bill could be voted on separately.

On the motion to divide, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Bell Blalock Bo wen Brantley, H. H. Carnes Cato Chandler Cole Conger Cook Cooper Davis, W. DeLong Dickinson Dodson Evans Ployd, L. R.

Gary Graves Gunter Harrington Harris, J. F. Henderson Higginbotham Hill, G. Hood Johnson
Keen Knapp Kreeger Lane, Dick Leonard Levitas Mason Maxwell Merritt Miller

Those voting in the negative were Messrs.:

Alexander Atherton Barber

Barfield Battle Bennett

Moore Mullinax Odom Pickard Pinkston Potts Shepherd Sherman Simkins Simmons Smith, V. T. Ware Westlake Whaley Wheeler, J. A. Williams Wilkerson Wilson Winkles
Berry Black Bond

WEDNESDAY, FEBRUARY 26, 1969

947

Bostick Brantley, H. L. Bray
Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Clarke Collier Collins, S. Colwell Connell Conner Crowe Dailey Daugherty Davis, E. T. Dean, J. F. Dean, N. Dent Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farrar Felton Floyd, J. H. Gaynor Geisinger Gignilliat Grahl Hadaway

Hale Hamilton Hargrett Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Miles Milford Morris Murphy

Nash Nessmith Northcutt Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Town send Vaughn Wamble Wheeler, Bobby Wood

Those not voting were Messrs. :

Bohannon Gates Collins, M. Farmer

Funk Knowles McDaniell Moate

Nunn. Parker, H. W. Shanahan Mr. Speaker

On the motion to divide, the ayes were 59, nays 124.

The motion was lost.

948

JOURNAL OP THE HOUSE,

The following amendment was read:

Mr. Moore of the 6th moves to amend the Committee substitute to HB 162 by striking Section 3 in its entirety and renumbering the subsequent sections ac cordingly, and to amend the caption by striking in the fifth line the words "to change the rate of taxation on corporations".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Bell Blalock Cole Davis, E. T. Davis, W. Dickinson Dodson Evans Gary Gunter Higginbotham

Keen Knapp Leonard Mauldin McDaniell Milford Moore Mullinax Odom Pickard Potts

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss
Busbee Caldwell
Carnes Cato

Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Dean, J. E. Dean, N. DeLong Dent Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farrar

Sherman Simmons Smith, J. R. Ware Westlake Whaley Wilkerson Wilson Winkles
Felton Floyd, J. H. Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M.

WEDNESDAY, FEBRUARY 26, 1969

949

Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken Melton

Miles Miller Morris Murphy Nash Nessmith Northcutt Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Rainey Reaves Roach Ross Rowland

Rush Russell Salem Scarborough Scarlett Shepherd Simkins Simmons Sims Smith V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Wheeler, Bobby Williams Wood

Those not voting were Messrs.:

Gates Farmer Floyd, L. R. Funk Hargrett

Henderson Holder Knowles Merritt Moate

Nunn Parker, H. W. Shanahan Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 30, nays 150.

The amendment was lost.

The following amendment was read and adopted:

Mr. Simkins of the 78th moves to amend the Committee substitute to HB 162 as follows:

By adding in quoted Section 92-3106 of Section 4, after subsection (9), the following:
"(10) For any taxpayer or his spouse or any dependent of such taxpayer who is a student, an additional credit of $20. For the purposes of this subsection, the term 'student' means a student

950

JOURNAL OP THE HOUSE,

as defined in Section 151 (e) of the Internal Revenue Code of 1954: Provided that the term 'educational institution' as defined in Section 151 (e) of the Internal Revenue Code of 1954 shall not include primary, secondary and preparatory schools through the high school level."

And, by renumbering subsection (10) of quoted Section 92-3106 of Section 4 as subsection (11).

The following amendment was read:

Mr. Geisinger of the 72nd moves to amend the Committee substitute to House Bill No. 162 as follows:

By striking from the title the following:

"to change the rate of taxation imposed on individuals; to change the rate of taxation on corporations;"

By striking in Section 1 everything following the word "by" in the fourth line;

By striking Sections 2, 3, 4, 8 and 9;
By striking from Section 5 the words "Said Code Chapter is further amended by";

By striking the designation "Section 5" and adding the remaining portion of what heretofore was Section 5 to what still remains in Section 1;

By redesignating Sections 6 and 7 as Sections 2 and 3 respectively;
By redesignating Sections 10, 11 and 12 as Sections 4, 5 and 6, respectively.

WEDNESDAY, FEBRUARY 26, 1969

951

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Bell Bohannon Brantley, H. H. Burruss Caldwell Carnes Cato Cole Collins, M. Collins, S. Conger Crowe Davis, W. Dean, N. DeLong Dickinson Dodson

Evans Ezzard Ployd, J. H. Floyd, L. R. Gary Geisinger Graves Harrington Harris, J. F. Harris, J. R. Harrison Higginbotham Hill, G. Hood Johnson Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill)

Those voting in the negative were Messrs.:

Alexander Atherton Barber Barfield Battle Bennett Berry Black Bond Bostick Bowen Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Busbee Gates Chandler Clarke Collier Colwell Connell Conner Cook

Cooper Dailey Daugherty Davis, E. T. Dean, J. E. Dent Dixon Dorminy Douglas Edwards Egan Ellis Tallin Farrar Felton Gaynor Gignilliat Grahl Hadaway Hale Hamilton Hargrett Harris, R. W. Hawes Hill, B. L. Holder

Leonard Le vitas Longino Mason Maxwell Milford Morris Odom Pafford Sherman Snow Toles Westlake Whaley Williams Wilkerson Wilson Winkles
Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Lambert Lane, W. J. Lee, W. S. . Lewis Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles

952

JOURNAL OP THE HOUSE,

Miller Mullinax Murphy Nessmith Northcutt Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston

Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Sims Smith, J. R.

Smith, V. T. Simmons Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Townsend Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Wood

Those not voting were Messrs.:

Blalock Gates Farmer Funk Gunter Henderson

Howell Knowles Moate Moore Nash Nunn

Parker, H. W. Pickard Shanahan Shepherd Simkins Mr. Speaker

On the adoption of the amendment, the ayes were 58, nays 119.

The amendment was lost.

Mrs. Merritt of the 46th stated that she had inadvertently voted "nay" but intended to vote "aye" on the amendment.

The following amendment was read:

Mr. Levitas of the 77th moves to amend the Committee substitute to HB 162 by striking the figures "$20" in quoted subsection 92-3106 (1) set forth in Section 4 and inserting in lieu thereof the figures "$35".

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 Bell

Bohannon Bray Brown, C. Buck

Burruss Chandler Cole Collins, M.

WEDNESDAY, FEBRUARY 26, 1969

953

Conger Cook Cooper Davis, W. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Evans Pallin Floyd, J. H. Floyd, L. R. Gary Gaynor Gignilliat Graves Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison

Henderson Higginbotham Hill, G. Horton Hudson Johnson Jones, Herb Jordan, G. Keen Knapp Kreeger Lambert Lee, W. J. (Bill) Levitas Longino Mason Mauldin Maxwell Merritt Milford Miller Moore Morris Nash

Odom Pafford Patterson Piekard Pinkston Potts Rainey Roach Ross Scarborough Sherman Simkins Snow Sweat Thomason Townsend Westlake Whaley Wheeler, J. A. Williams Wilson Wilkerson Winkles Wood

Those voting in the negative were Messrs.

Adams Alexander Atherton Barber Barfield Bennett Berry Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Busbee Carnes Cato Clarke Collier Collins, S. Colwell
Connell
Conner
Crowe
Dailey
Daugherty

Davis, E. T. Dean, J. E. Dent Douglas Edwards Egan Ellis Ezzard Farrar Felton Geisinger Grahl Hale Hamilton Hawes Hill, B. L. Holder Hood Housley Joiner Jones, C. M.
Jones, M.
Jordan, H. S.
Keyton
Lane, Dick
Lane, W. J.
Lee, W. S.

Leonard Lewis Lowrey Marcus Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Miles Murphy Nessmith Northcutt Paris Parker, C. A. Peters Peterson Phillips, G. S. Phillips, L. L.
Phillips, W. R.
Poole
Reaves
Rowland
Rush
Russell
Salem

954

JOURNAL OF THE HOUSE,

Scarlett Shepherd Simmons Sims

Smith J. R. Smith, V. T. Sorrells Thompson, A. W.

Vaughn Wamble Wheeler, Bobby

Those not voting were Messrs.:

Blalock Caldwell Gates Farmer Funk Hadaway

Hargrett Howell Hutchinson Knowles Moate Mullinax

Nunn Parker, H. W. Shanahan Thompson, R. Ware Mr. Speaker

On the adoption of the amendment, the ayes were 84, nays 93.

The amendment was lost.

The following amendment was read:

Mr. Harris of the 67th moves to amend the Committee substitute to HB 162 by striking from the caption the phrase "to change the formula utilized to impose income tax on certain corporate taxpayers", and by striking Section Eight (8) in its entirety and renumbering the remaining Sections 9, 10, 11, 12 and 13 as Sections 8, 9, 10, 11 and 12.

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 Bennett Blalock Bohannon Brooks Collins, M. Davis, W. DeLong Dixon Egan Evans Floyd, L. R.

Gary Gaynor Gignilliat Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Johnson Jones, Herb Keen Lewis Merritt

Miller Odom Pafford Patterson Scarlett Sherman Simkins Snow Sweat Townsend Westlake Whaley Winkles

WEDNESDAY, FEBRUARY 26, 1969

955

Those voting in the negative were Messrs.:

Adams Alexander Atherton Ballard Barber Barfield Bell Berry Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Coimell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Dean, J. P.
Dean, N.
Dent
Dickinson
Dorminy
Douglas
Edwards

Ellis Ezzard Fallin Farrar Felton Floyd, J. H. Geisinger Grahl Graves Hadaway Hale Hamilton Hargrett Hawes Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey

McCracken McDaniell Melton Miles Milford Morris Murphy Nash Northcutt Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shepherd Sims Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Wheeler, Bobby
Wheeler, J. A.
Williams
Wilkerson
Wood

Those not voting were Messrs.:

Dorminy Farmer Funk

Gunter Harrington Henderson

Knowles Longino Moate

956
Moore Mullinax Nessmith Nunn.

JOURNAL OP THE HOUSE,

Pickard Shanahan
Smith, J. R. Simmons

Ware Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 39, nays 136.

The amendment was lost.

The following amendments were read adopted:

Mr. Cole of the 3rd moves to amend the Committee substitute to House Bill 162 as follows:

A copy of page one of the Corresponding Federal Income Tax Return shall be attached to the Georgia Income Tax Return.

Mr. Higginbotham of the 75th moves to amend the Committee substitute to House Bill No. 162 as follows:

By inserting in quoted subsection (c) of Code Section 92-3101, after the word "wife" the following: "or unmarried head of household"
and by striking from quoted subsection (2) of Code Section 923106 the following:
"or for a head of household".

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 Atherton Barber Barfield Bennett Berry Bond

Bostick Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss

Busbee Caldwell Chandler Colwell Connell Conner Cooper

WEDNESDAY, FEBRUARY 26, 1969

957

Dailey Daugherty Davis, E. T. Dean, J. E. Dent Dixon Dorminy Douglas Egan Ellis Ezzard Fallin Farrar Felton Gaynor Gignilliat Grahl Hale Hamilton
Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Holder Hood Horton

Housley Howell Hudson Hutchinson Jones, C. M. Jones, M. Jordan, H. S. Keyton Lambert
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin
McClatchey McCracken Melton Miles Murphy Nessmith Northcutt Nunn Paris

Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Reaves Roach Rowland Rush Russell Scarlett Shepherd Simkins Simmons Sims Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Williams

Those voting in the negative were Messrs.

Adams Anderson Ballard Battle Bell Black Blalock Bohannon Bowen Brantley, H. H. Brown, C. Carnes
Gates
Cato
Clarke
Cole
Collier
Collins, S.
Conger
Cook
Crowe
Davis, W.
Dean, N.

DeLong Dickinson Dodson Edwards Evans Floyd, J. H. Floyd, L. R. Gary Geisinger Graves Hadaway Harrington
Harris, J. F.
Harrison
Henderson
Hill, G.
Johnson
Joiner
Jones, Herb
Jordan, C.
Knapp
Kreeger
Lane, Dick

Leonard Lewis Longino Mason Maxwell McDaniell Merritt Milford Miller Moore Mullinax Nash
Odom
Pafford
Parker, C. A.
Patterson
Peters
Pinkston
Potts
Rainey
Ross
Scarborough
Sherman

958

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T. Snow Westlake

Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson

Wilson Winkles Wood

Those not voting were Messrs.:

Collins, M. Farmer Funk Gunter

Hargrett Keen Knowles Moate

Pickard Salem Shanahan Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 81.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Salem of the 51st stated that he had been called from the floor when the roll was called on HB 162, by substitute, as amended, and that his machine would have voted "aye".

Mr. Wamble of the 69th stated that he was at Georgia State College when the roll was called on HB 162, by substitute, as amended, and that his machine was inadvertently voted "aye". Had he been present he would have voted "nay".

Mr. Miller of the 83rd served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 162, by substitute, as amended.

The Speaker announced the House recessed until 1:45 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 Resolutions of the House were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 26, 1969

959

HR 200-575. By Messrs. Chandler and Harrington of the 34th:
A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control 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 108, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 201-575. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 109, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 81. By Messrs. Vaughn of the 74th, Holder of the 49th, Matthews of the 63rd, Buck of the 84th, McDaniell of the 117th, Wood of the llth and others:
A Bill to be entitled an Act to amend Code Section 92-1403 of Georgia Code of 1933 relating to levy of motor fuel taxes and known as "Motor Fuel Tax Law", so as to increase the excise tax imposed on all distribu tors of motor fuel from six and one-half cents per gallon to eight cents per gallon; and other purposes.

960

JOURNAL OF THE HOUSE,

Mr. Levitas of the 77th moved that further consideration of HB 81 and all amendments thereto be postponed until HB 347 and HB 436 had been con sidered and voted upon.

On the motion to postpone, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Battle Bell Bennett Bond Bo stick Bowen Brown, B. D. Buck Burruss Games Gates Collins, S. Connell Cook Cooper Daugherty Davis, W. Dean, J. E. DeLong Dodson Douglas Egan

Evans Ezzard Farmer Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Hamilton Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Horton
Jones, C. M. Jones, M. Jordan, G. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard

Those voting in the negative were Messrs.

Ballard Barber Barfield Berry Black Blalock Bohannon Brantley, H. L. Bray Brooks Brown, C. Caldwell Cato Chandler

Clarke Cole Collier Collins, M. Colwell Conger Conner Crowe Dailey Davis, E. T. Dean, N. Dent Dickinson Dixon

Levitas Longino Lowrey Marcus Maxwell Miller Morris Nash Odom Phillips, W. R. Pickard Pinkston Shepherd Simkins Sims Smith, J. R. Thomason Thompson, A. W. Thompson, R. Toles Townsend Westlake Wilkerson Wilson Winkles
Dorminy Edwards Ellis Fallin Farrar Felton Floyd, J. H. Funk Grahl Gunter Hadaway Hale Hargrett Harrington

WEDNESDAY, FEBRUARY 26, 1969

961

Harrison Hill, G. Holder Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, H. S. Keyton Lambert Lane, W. J. Lewis Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell

Melton Miles Milford Moore Mullinax Murphy Nessmith Northcutt Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Poole Potts Rainey Reaves Roach

Ross Rowland Rush Russell Salem Scarborough Scarlett Sherman Simmons Smith, V. T. Snow Sorrells Sweat Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood

Those not voting were Messrs. :

Brantley, H. H. Busbee Harris, J. F. Henderson

Hood Knowles Merritt Moate

Nunn Shanahan Mr. Speaker

On the motion to postpone, the ayes were 77, nays 107.

The motion was lost.

Mr. Lowrey of the 9th stated that his vote had been inadvertently recorded as "aye" but he intended to vote "nay" on the motion to postpone HB 81.

The following Committee amendment was read:

The Committee on Ways and Means moves to amend HB 81 as follows:

By changing the figure "8" to the figure "7%" where it appears in regards to money.

The following amendment to the Committee amendment was read:

962

JOURNAL OF THE HOUSE,

Mr. Vaughn of the 74th moves to amend the Committee amendment to HB 81 as follows:

1. By striking from the caption the following language:
"so as to increase the excise tax imposed on all distributors of motor fuel from six and one-half (6%) cents per gallon to eight (8) cents per gallon" and substituting in lieu thereof the following language:
"so as to provide for an increase in the motor fuel excise tax"

2. By striking from Section 1, the figures "7%" wherever the same may appear therein and substituting in lieu thereof the figure "8".

On the adoption of the amendment to the Committee amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Ballard Bennett Berry Black Blalock Bohannon Brantley, H. L. Bray Brown, C. Buck Busbee Carries Cato Clarke Collier Collins, M. Colwell Conger Connell Conner Crowe Dailey Davis, E. T. Dean, N. Dent Dickinson Dixon

Dodson Douglas Edwards Ellis Evans Tallin Farrar Felton Grahl Graves Gunter Hadaway Hale Hargrett Harrison Henderson Holder
Housley Howell Johnson Joiner Jones, C. M. Jordan, H. S. Keyton Lambert Lane, W. J. Lewis Longino

Lowrey Mason Matthews, D. R. McClatchey McCracken McDaniell Merritt Milford Moore Mullinax Murphy Nash Northcutt Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Poole Reaves
Ross Rowland Russell Salem Scarlett
Sherman
Simmons

WEDNESDAY, FEBRUARY 26, 1969

963

Snow Sorrells Thompson Toles

Vaughn Wamble Ware Wheeler, Bobby

Williams Wood

Those voting in the negative were Messrs.:

Alexander Anderson Atherton Barber Barfield Battle Bell Bond Bostick Bo wen Brooks Brown, B. D. Burruss Gates Chandler
Cole
Collins, S. Cook Cooper Davis, W. Dean, J. E. DeLong Dorminy Egan Ezzard Farmer Floyd, J. H. Floyd, L. R. Gary

.Gaynor Geisinger Gignilliat Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Marcus Matthews, C. Mauldin

Maxwell
Miller Morris Odom Pafford Patterson Phillips, W. R. Pickard Pinkston
Roach Rush Scarborough Shepherd Simkins Sims Smith, J. R. Smith, V. T. Sweat Thomason Thompson, A. W. Townsend Westlake Whaley Wheeler, J. A. Wilkerson Wilson Winkles

Those not voting were Messrs.:

Brantley, H. H. Caldwell Daugherty Funk Hamilton Knowles

Melton Miles Moate Nessmith Nunn Peterson

Potts Rainey Shanahan Mr. Speaker

On the adoption of the amendment to the Committee amendment, the ayes were 94, nays 85.
The amendment to the Committee amendment was adopted.
The Committee amendment, as amended, was adopted.

964

JOURNAL OF THE HOUSE,

An additional amendment, offered by the Committee on Ways and Means, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:

Mr. Busbee of the 61st moves to amend HB 81 as follows:
By adding in the title before the words "to provide an effective date", the words "to provide for the rate of refund of State tax paid upon motor fuel used exclusively in aircraft motors for aviation pur poses".
By adding a new section to be known as Section 2, to read as follows:
"Section 2. Said Act is further amended by striking from the first paragraph of subsection (K) the words:
'shall be entitled to a refund not to exceed five and one-half cents per gallon of the State tax paid on such motor fuel', and in serting in lieu thereof the words:
'shall be entitled to a refund of all of the State tax on such gasoline except one cent per gallon',
so that when so amended said first paragraph shall read as follows:
'(K) Any dealer, who shall sell motor fuel of such quality that it is not adapted for use in ordinary motor vehicles but is desig nated for and used exclusively in aircraft motors for aviation pur poses, no part of which motor fuel is used in any vehicle or equip ment driven or operated upon the public roads, streets, or highways of this State, shall be entitled to a refund of all of the State tax on such gasoline except one cent per gallon subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in the subsection.'"

WEDNESDAY, FEBRUARY 26, 1969

965

By renumbering present Section 2 and 3 as Sections 3 and 4, respectively.

The following amendment was read:
Mr. Davis of the 86th moves to amend House Bill 81 as follows:
By inserting in the title immediately before the phrase:
"to repeal conflicting laws"
the following:
"to provide for a maximum limitation upon the taxes levied by the State of Georgia upon motor fuel;"
By adding, following Section 2, a new Section to be numbered 2A, and to read as follows:
"Section 2A. Notwithstanding the provisions of this Act or any other law to the contrary, the aggregate total of all taxes levied by the State of Georgia upon motor fuel, except aviation fuel, shall not exceed the sum of eight and one-half cents (8%) per gallon. If any tax shall be required to be reduced or eliminated in order to comply with the provisions of this Section, the excise tax on motor fuel shall not be reduced."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bell Brooks Carnes Cole Davis, E. T. Davis, W. Dickinson Dodson Dorminy Evans Ezzard Farmer

Floyd, J. H. Floyd, L. R. Gary Henderson Higginbotham Hood Hudson Keen Knapp Lane, Dick Lee W. J. (Bill) Leonard, G. H.

McDaniell Moore Morris Northcutt Pafford Pickard Shepherd Simmons Smith, V. T. Thompson Westlake

966

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Gates Cato Chandler Olarke Collier Collins, M.
Colwell
Conger
Connell
Conner
Cook
Cooper
Crowe
Dailey
Daugherty
Dean, J. E.
Dean, N.
DeLong
Dent
Dixon
Douglas
Edwards
Egan
Ellis
Fallin
Farrar
Felton

Caynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Hill, B. L. Hill, G. Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G.
Jordan, H. S.
Keyton
Kreeger
Lambert
Lee, W. S.
Levitas
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McCracken
Melton
Miles
Milford

Miller Mullinax Murphy Nash Nessmith Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Sherman
Simkins
Sims
Smith, J. R.
Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Toles
Townsend
Vaughn
Wamble
Ware
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Winkles
Wood

WEDNESDAY, FEBRUARY 26, 1969

96T

Those not voting were Messrs.:

Brantley, H. H. Buck Burruss Collins, S. Funk

Holder Knowles Merritt Moate Phillips, W. R.

Ross Shanahan Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 35, nays 146.

The amendment was lost.

The following amendment was read:
Mr. Hawes of the 95th moves to amend HB 81 as follows:
(1) By adding in the title before the words "to provide an effective date", the following "to provide for refund of motor vehicle fuel tax to certain governmental units and public authorities; to provide for the procedure in connection with such refunds;".
(2) By renumbering Section 3 as Section 4 and inserting after Section 2 a new Section 3 to read as follows:
"Section 3. Said Code Section is further amended by adding at the end thereof a new subsection to be known as subsection (L) to read as follows:
'(L) Counties and incorporated municipalities, and all school districts of the State of Georgia (including independent school sys tems) purchasing motor fuel and kerosene and using said motor fuel and kerosene exclusively in the operation of vehicles, machinery or equipment owned by said governmental units and authorities shall be entitled to a refund of all the State tax collected on such motor fuel and kerosene by the State Revenue Department, less an amount of such tax equal to one cent per gallon, subject to the procedures and conditions set forth in subsection (I) of this Code Section. 'Person' as used in subsection (I) in connection with this subsec tion shall mean the State of Georgia, all governmental authorities of State or local government, counties, municipalities and school districts of the State of Georgia (including independent school systems)."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

968

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Bennett Bond Bostick Bowen Bray Brown, B. D. Buck Busbee Carnes Gates Cole Collins, S. Conger Connell Cook Daugherty Davis, W. Dean, J. E. DeLong Dickinson Dodson Douglas Egan

Ellis Evans Fallin Farmer Farrar Felton Floyd, L. R. Gary Geisinger Gignilliat Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Jones, Herb Jones, M. Jordan, G. Keen Knapp Kreeger Lane Dick Lee, W. J. (Bill) Lee, W. S.

Leonard Levitas Marcus Matthews, C. Maxwell McClatchey Melton Miller Morris Nash Nunn Odom Pafford Pickard Pinkston Roach Scarborough Shepherd Simkins Smith, V. T. Sweat Thomason Thompson, A. W, Thompson, R. Townsend Westlake Wilkerson Wilson Winkles Wood

Those voting in the negative were Messrs.

Ballard Barfield Berry Black Blalock Bohannon Brantley, H. L. Brooks Brown, C. Cato Chandler Clarke Collier Collins, M. Colwell Conner Cooper Crowe Dailey

Davis, E. T. Dean, N. Dent Dixon Dorminy Edwards Floyd, J. H. Gaynor Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harrison Holder Hood Howell

Hutchinson Johnson Joiner Jordan, H. S. Keyton Lambert Lane, W. J. Lewis Longino Lowrey Mason Matthews, D. R. Mauldin McCracken Mills Milford Moore Mullinax Murphy

WEDNESDAY, FEBRUARY 26, 1969

969

Nessmith Northcutt Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Poole Potts

Rainey Reaves Rowland Rush Russell Salem Scarlett Sherman Simmons Sims Snow

Sorrells Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Williams

Those not voting were Messrs.:

Brantley, H. H. Burruss Caldwell Ezzard Punk Hudson

Jones, C. M. Knowles McDaniell Merritt Moate Peterson

Phillips, W. R. Ross Shanahan Smith, J. R. Mr. Speaker

On the adoption of the amendment, the ayes were 90, nays i The amendment was adopted.

Mr. Ballard of the 23rd moved that the House reconsider its action in adopting the amendment by Mr. Hawes of the 95th.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Ballard Barfield Berry Black Blalock Brantley, H. L. Brooks Brown, C. Clarke Collier Collins, M. Colwell Conner Cooper

Crowe Dailey Davis, E. T. Dean, N. Dent Dixon Dorminy Floyd, J. H. Grahl Gunter Hale Hargrett Harrison Holder

Howell Johnson Jones, C. M. Keyton Lambert Lane, W. J. Lewis Lowrey Mason Matthews McCracken McDaniell Miles Moore

970
Murphy Nash Paris Parker, C. A. Parker, H. W. Phillips, G. S. Potts Rainey Reaves Rowland

JOURNAL OF THE HOUSE,

Rush Russell Salem Scarlett Sherman
Simmons Smith, J. R. Snow Sorrells Thompson, R.

Toles Vaughn Wamble Ware Whaley Wheeler, Bobby Williams Wood

Those voting in the negative were Messrs.:

Adams Alexander Anderson
Atherton Barber Battle Bell Bennett Bohannon Bond Bostick Bo wen Bray Brown, B. D. Buck Burruss
Busbee Carnes
Gates Cato Chandler Cole Collins, S. Conger Cook Daugherty Davis, W. Dean, J. E. DeLong Dickinson Dodson Douglas Egan Ellis Evans Ezzard

Pallin Farmer Farrar Felton Floyd Gary Gaynor Geisinger Gignilliat Graves Hamilton Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L.
Hill, G. Hood Horton Housley Hudson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S.

Leonard Levitas Longino Marcus
Matthews, C. Mauldin Maxwell McClatchey
Melton Miller Morris Mullinax
Nunn Odom Pafford Patterson Peters Phillips, L. L. Pickard Pinkston Roach Scarborough Shepherd Simkins
Sims Smith, V. T. Sweat Thomason Thompson, A. W. Townsend Westlake Wheeler, J. A. Wilkerson Wilson Winkles

Those not voting were Messrs.:

Brantley, H. H. Caldwell

Edwards Funk

Hadaway Hutchinson

Knowles Merritt Milford Moate

WEDNESDAY, FEBRUARY 26, 1969

971

Nessmith Northcutt Peterson Phillips, W. R.

Poole Ross Shanahan Mr. Speaker

On the motion to reconsider the amendment, the ayes were 70, nays 107.

The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Atherton Ballard Barfield Bennett Berry Black Blalock Bohannon Brantley, H. H. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Games Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell Conner Crowe Dailey Davis, E. T.

Dean, N. Dent Dodson Douglas Edwards Ellis Evans Fallin Farrar Felton Grahl Graves Gunter Hadaway Hale Hargrett Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, C. Holder Housley Howell Hudson Johnson Joiner Jones, C. M. Jordan, G.

Jordan,H. S. Keen Keyton Knapp Lambert Lane, W. J. Leonard Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Paris

972
Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves

JOURNAL OP THE HOUSE,

Roach Rowland Rush Russell Salem Scarborough Scarlett Sherman Simmons Smith, V. T.

Snow Sorrells Thomason
Toles Vaughn Wamble Ware Wheeler, Bobby Williams Wood

Those voting in the negative were Messrs.:

Adams Alexander Anderson Barber Battle Bell Bond Bostick Bo wen Brown, B. D. Gates Collins, S. Cook Cooper Daugherty Davis, W. Dean, J. E. DeLong Dickinson Dorminy Egan Ezzard

Farmer Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Hamilton Harrington Harris, J. F. Hill, B. L. Hood Horton Jones, Herb Jones, M. Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Marcus

Those not voting were Messrs.:

Brantley, H. H. Dixon Funk Hawes

Hutchinson Knowles Moate

Maxwell Morris Odom Pafford Patterson Pickard Rainey Shepherd Simkins Sims Smith, J. R. Sweat Thompson, A. W. Thompson, R. Townsend Westlake Whaley Wheeler, J. A. Wilkerson Wilson Winkles
Ross Shanahan Mr. Speaker

On the passage of the Bill, as amended, the ayes were 121, nays 64.

The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, FEBRUARY 26, 1969

973

Mr. Dean of the 19th moved that HB 81, as amended, be immediately trans mitted to the Senate.

On the motion to immediately transmit, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Barber Bennett Berry Black Blalock Bostick Brantley, H. L. Brown, C. Cato Clarke Collier Collins, M. Colwell Conger Conner Crowe Dailey Davis, E. T. Dean, N. Dent Douglas Edwards Fallin Farrar Graves Gunter Hadaway Hale

Hargrett Harrison Hill, G. Holder Housley Howell Joiner Jordan, H. S. Keyton Lambert Lane, W. J. Lewis Longino Lowrey Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Miles Milford Mullinax Murphy Nessmith Northcutt Nunn

Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Rowland Rush Russell Salem Scarlett Sherman Simmons Snow Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Ballard Barfield Battle Bell Bond Bray Brown, B. D. Buck

Burruss Games Gates Chandler Cole Collins, S. Connell Cook Cooper Daugherty Davis, W. Dean, J. E.

DeLong Dickinson Dodson Dorminy Egan Evans Ezzard Farmer Floyd, J. H. Floyd, L. R.
Gary Gaynor

974
Geisinger Gignilliat Grahl Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hood Horton Hudson Hutchinson Johnson Jones, Herb Jones, M.

JOURNAL OF THE HOUSE,

Jordan, G. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Marcus Maxwell McClatchey Miller Moore Morris Pafford Patterson Pickard

Pinkston
Roach Scarborough Shepherd Simkins Sims Simth, V. T. Sweat Thomason Thompson, A. W. Thompson, R. Townsend Westlake Whaley Wilson Wilkerson Winkles

Those not voting were Messrs.:

Bohannon Bowen Brantley, H. H. Brooks Busbee Caldwell Dixon Ellis

Felton Funk Henderson Jones, C. M. Knowles Mason Matthews, C. Moate

Nash Odom Rainey Ross Shanahan Smith, J. R. Sorrells Mr. Speaker

On the motion to immediately transmit, the ayes were 82, nays 89.

The motion was lost.

Mr. Levitas of the 77th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 81, as amended.

Mr. Melton of the 32nd requested that the following statement appear in the Journal:
"I did not vote on the amendment to HB 81 which increased the tax on gasoline 1-% cents because the Ways and Means Committee had amended the Bill to one cent. As Chairman of the Committee, I did not wish to vote against the Committee's action."

WEDNESDAY, FEBRUARY 26, 1969

975

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 347. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act providing that the con struction and maintenance of portions of the State aid system of roads lying within the corporate limits of municipalities shall be the respon sibility of the State Highway Board, so as to delete the provision limiting the amount required to be expended for the maintenance of State aid roads within the corporate limits of municipalities having a population of more than 33,000; and for other purposes.

The following Committee amendment was read:

The Committee on Highways moves to amend HB 347 as follows:
No. 1. By adding to the caption just after the words "according to the latest census" the following language:
"so as to specify certain maintenance activities required of State Highway Department".
No. 2. By striking from Section 1 thereof subparagraph entitled "Section 3" in its entirety and substituting in lieu thereof a new sub section 3 to read as follows:
"The State Highway Department on all streets and highways lying within the corporate limits of municipalities which are or shall become a part of the State-aid System of Roads shall be required to provide only the following maintenance activities and operations: reconstruction and major resurfacing; erecting and maintaining official State Highway Department signs; paint strip ing and pavement delineators; purchasing and furnishing guard rails and bridge rails; reconstruction of bridges and other heavy or substantial maintenance activities. The cost of said maintenance is to be paid out of the funds allocated annually to the State Highway Department."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

976

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Ballard Barber Berry Black Blalock Bohannon Brantley, H. L. Bray Brooks Brown, C. Buck Caldwell Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Conner Cooper Crowe Dailey Davis, E. T. Dean, N. Dent Dixon Dorminy Edwards Ezzard Felton Floyd, J. H.

Graves Gunter Hadaway Hale Hargrett Harrington Harrison Holder Horton Housley Howell Hudson Hutchinson Joiner Jordan, H. S. Keyton Lane, W. J. Leonard Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Milford Moore Mullinax Murphy Nash Nessmith Northcutt

Nunn Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Rush Russell Salem Scarborough Scarlett Sherman
Simmons Smith, V. T. Snow Sorrells Toles Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Battle Bell Bond Bowen Carnes Gates Collins, S. Connell Cook Daugherty Davis, W. Dean, J. E.

DeLong Dickinson Dodson Douglas Egan Ellis Evans Floyd, L. R. Gary Gaynor Gesisinger Gignilliat Harris, J. F. Harris, J. R. Harris, R. W. Hawes

Higginbotham Hill, B. L. Hill, G. Hood Johnson Jones, Herb Jones, M. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Maxwell McClatchey

WEDNESDAY, FEBRUARY 26, 1969

977

Miles Miller Morris Phillips, W. R. Rowland Shepherd

Simkins Sims Sweat Townsend Thompson, A. W. Thompson, R.

Westlake Whaley Wilson Winkles

Those not voting were Messrs.:

Barfield Bennett Bostick Brantley, H. H. Brown, B. D. Burruss Busbee Fallin Farmer Farrar Funk

Grahl Hamilton Henderson Jones, C. M. Jordan, G. Knowles Lambert Longino McCracken Melton Merritt

Moate Odom Parker, C. A. Phillips, G. S. Rainey Ross Shanahan Smith, J. R. Thomason Wilkerson Mr. Speaker

On the adoption of the amendment, the ayes were 98, nays 64.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Berry Black Blalock Bohannon Bond

Bowen Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler

Clarke Cole Collier
Collins, M. Colwell Conger Connell
Conner Cook Cooper Dailey Daugherty Davis, E. T.

978
Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Hawes Henderson Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Johnson

JOURNAL OF THE HOUSE,

Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger
Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom

Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Reaves Roach Rowland Rush Russell
Salem Scarborough Scarlett Sherrnan Simkins Simmons Sims Smith, V. T. Snow Sorrells Thomason Thomspon, A. W. Thompson, R. Toles Townsend Vaughn, Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wilson Winkles Wood

Those voting in the negative were Messrs.

Bell Collins, S. Davis, W. DeLong

Dickinson Floyd, L. R. Geisinger Higginbotham

Levitas Sweat Westlake Whaley

Those not voting were Messrs.:

Bennett Bostick Brantley, H. H.

Brown, C. Crowe Dean, J. E.

Farmer Funk Hamilton

WEDNESDAY, FEBRUARY 26, 1969

979

Hood
Jones, C. M. Knowles Marcus Moate

Parker, C. A.
Phillips, G. S. Potts Rainey Ross

Shananhan
Shepherd Smith, J. R. Wilkerson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 12.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 436. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, and known as the "Georgia Rural Roads Authority Act", so as to define or redefine certain words and terms used in the Act; to authorize the Authority to acquire from the State or any county or any incorporated municipality rights-of-way and other property; and for other purposes.

By unanimous consent, further consideration of HB 436 was postponed until Thursday, February 27, 1969.

Mr. Williams of the llth 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.

980

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 27, 1969

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. Albert W. Huywck, Jr., Pastor, First Baptist Church, Swainsboro, Georgia:
"Our Father, our time is important, and there are many important things to be done here this day; but without apology, we take some of this precious time to come to Thee in prayer, because we feel it is im portant that the deliberations of a group such as this begin with prayer. Our Father, we take time to acknowledge Thy greatness and Thy good ness. We take time to thank Thee for the multitude of Thy blessings which we enjoy. We take time to acknowledge our dependence upon iTt.h' ee, 'For unless the Lord build a house, they labor in vain that build
"Our Father, we thank Thee for men who give of themselves in the interest of the common good; and we ask that Thou shall give to each of us the strength, courage, wisdom, and Christian dedication that we need to fulfill our responsibilities so that someday we might hear from Thy lips 'Well done thou good and faithful servant.' This we pray in Jesus name,
Amen."

The roll was called and the following representatives answered to their names:

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brooks, G. Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell

Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards

THURSDAY, FEBRUARY 27, 1969

981

Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Funk
Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hargrett Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S.

Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Simmons Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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 27, 1969, and submits the following:
HB 163. Attorney's Fees; Interrogatories HB 168. Higher Education Assistance Authority HB 176. Higher Education Assistance Committee, Powers HB 212. Coastal Wetlands Protection Board, Create HB 319. Securities Act, Endowment Policies HB 320. Variable Annuity Contract, Define HB 329. Georgia Science and Technology Commission HB 334. Veterans Service Board, Discharge Certain Veterans HB 335. Disabled Veterans, Contracts, Notes HB 336. Veterans Service, Ambulance Service HR 128-341. Convey Easement, Barrow County HR 133-373. Capitol Building and Grounds, Protection HB 396. Alcoholic Beverages, Sale By The Drink HB 413. Lender Credit Card Act HB 433. Higher Education Assistance Corporations, Loans HB 436. Rural Roads Authority Act, Amend PP

THURSDAY, FEBRUARY 27, 1969

983

HR 178-462. Convey Land, Bibb County HB 488. Sale of Fireworks HR 199-575. Convey Easement, Bibb County

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of 61st 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 635. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 636. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Chattooga County, so as to change the maximum compensation authorized for the clerk of the commis sioner and the warden of the county public works camp; and for other purposes.
Referred to the Committee on Local Affairs.
HB 637. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chat tooga County to the Civil and Criminal Court of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 638. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Chattooga County on a salary basis, so as to change

984

JOURNAL OF THE HOUSE,

the maximum amount which may be paid the deputy clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 639. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 640. By Mr. Ross of the 26th:
A Bill to be entitled an Act to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincoln County, so as to provide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 641. By Messrs. Egan of the 116th, Atherton of the 117th, Dodson of the 82nd, Snow of the 1st, Miller of the 83rd and Jones of the 59th, and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", so as to authorize counties to levy a local retail sales tax; to authorize municipalities to levy such tax under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.
HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th, Longino of the 98th, Vaughn of the 74th, Conger of the 68th, Scarlett of the 67th and Floyd of the 7th:
A Bill to be entitled an Act to authorize residents of the State of Geor gia to purchase shotguns and rifles from persons in states contiguous

THURSDAY, FEBRUARY 27, 1969

985

to the State of Georgia under certain conditions; and for other pur poses.
Referred to the Committee on Defense & Veterans Affairs.

HB 644. By Messrs. Harrington and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Section 92-6912, relating to arbitration, so as to provide for an appeal of the arbitrators' decision to the superior court of the county in which the land lies by either the taxpayer or the Board of Tax Assessors under certain conditions; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 227-644. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A Resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property located in Fulton County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 228-644. By Messrs. Dickinson of the 118th, Farrar, Thomason and Levitas of the 77th, Higginbotham of the 75th, Dean of the 19th, Jordan of the 74th, McDaniell of the 117th and others:
A Resolution urging the Governor to take the necessary action to ac quire title to a certain tract of property located in Sweetwater Valley in Douglas County, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 645. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to be entitled an Act to incorporate the City of Cohutta, Georgia, in the County of Whitfield; and for other purposes.
Referred to the Committee on Local Affairs.

HB 646. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to create the Peach County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 647. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, so as to authorize

986

JOURNAL OP THE HOUSE,

counties to levy taxes for the development of trade, commerce, in dustry and employment opportunities; and for other purposes.
Referred to the Committee on Ways and Means.

HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th, Mullinax of the 30th, Housley of the 117th and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that certain employees of the State Game and Pish Commission be included under coverage of the State Merit System of Personnel Administration; and for other pur poses.
Referred to the Committee on Game and Pish.

HB 649. By Messrs. Chandler and Harrington of the 34th, Colwell of the 5th, Harris of the 67th, Dailey of the 53rd, Black of the 45th, Roach of the 10th, Rush of the 51st, Edwards of the 45th and Nessmith of the 44th:
A Bill to be entitled an Act to create the State Properties Division as a part of the Office of the Secretary of State; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 650. By Mr. Miller of the 83rd: A Bill to be entitled an Act to prohibit the advertisement of the price or quality of any prescribed opthalmic material, prescription lenses, mountings, frames or contact lenses; and for other purposes.
Referred to the Committee on Industry.
HR 229-650. By Mr. Harris of the 77th: A Resolution compensating Mr. J. L. Blackstock; and for other pur poses.
Referred to the Committee on Appropriations.

HR 230-650. By Mr. Burruss of the 117th: A Resolution compensating Mrs. Betty Smith; and for other purposes.
Referred to the Committee on Appropriations.

HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish

THURSDAY, FEBRUARY 27, 1969

987

and effectuate employment benefits and retirement plans, and to au thorize the funding of same in whole or in part; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A Bill to be entitled an Act to amend an Act relating to the introduc tion of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retire ment systems; and for other purposes.
Referred to the Committee on State of Republic.

HB 653. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain pro visions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Ex aminers of Plumbing Contractors; and for other purposes.
Referred to the Committee on Industry.

HB 654. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors and providing the Board's powers, so as to provide that persons who are currently and efficiently engaged in the vocation of Plumber shall not have to take the examina tion required by this Act if satisfactory evidence as to qualifications is presented to and accepted by the Board on or before October 15, 1969; and for other purposes.
Referred to the Committee on Industry.

HB 655. By Messrs. Lane of the 44th, Hargrett of the 58th, Holder of the 49th, Parker of the 44th and Smith of the 3rd.
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to add to the titles of those practicing medicine "D. O." and "Doctor of Osteopathy"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 656. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend Code Section 56-1005, relating to diversification of investments of insurers, so as to change the minimum

988

JOURNAL OF THE HOUSE,

percentage of certain reserves which shall be invested in securities other than common stocks; and for other purposes.
Referred to the Committee on Insurance.

HR 231-656. By Messrs. Howell of the 60th, Brooks of the 17th, Knapp of the 81st, Lewis of the 37th, Matthews of the 63rd and many others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to classify property for taxation purposes; and for other purposes.
Referred to the Committee on State of Republic.

HR 232-656. By Mr. Brooks of the 17th:
A Resolution compensating Mr. Hollis Carrington; and for other pur poses.
Referred to the Committee on Appropriations.

HR 233-656. By Mr. Brooks of the 17th: A Resolution compensating Mr. J. M. Akins; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 609. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwithstanding the question of the dependency of the next of kin upon the decedent for support; and for other purposes.

HB 610. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Service Commission, so as to pro vide authority and power for the Georgia Public Serivce Commission to enjoin any and all violations of the rules, orders and regulations established by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State; and for other purposes.

THURSDAY, FEBRUARY 27, 1969

989

HB 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act'", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Com modities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.

HB 612. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new charter therefor; and for other purposes.

HB 613. By Messrs. Thompson and Davis of the 86th, Jones and Buck of the 84th, Thompson and Berry of the 85th:
A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.

HB 614. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to provide income tax credit or to reim burse low income householders for extraordinary property tax burdens; to provide for definitions and for all other matters connected with the foregoing, including certain penalties; and for other purposes.

HB 615. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Alto, so as to authorize the Mayor and Council of the Town of Alto to levy a tax of not more than 20 mills on all property within the cor porate limits of said town; and for other purposes.

HB 616. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the term "established place of business"; and for other purposes.

HB 617. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tifton, so as to extend the corporate limits of the City of Tifton; and for other purposes.

990

JOURNAL OF THE HOUSE,

HB 618. By Messrs. Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.

HB 619. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporat ing said city, so as to alter the corporate limits; and for other purposes.

HB 620. By Mr. Sherman of the 80th:
A Bill to be entitled an Act to create a general lien upon the real property of any person who is receiving or who may receive public assistance on and after a certain date; and for other purposes.

HB 621. By Messrs. Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.
HB 622. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in his office; and for other purposes.

HB 623. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and ordinary of Haralson County; and for other purposes.

HB 624. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commissioner of Haralson County; and for other purposes.

THURSDAY, FEBRUARY 27, 1969

991

HB 625. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the purchase of certain supplies, equipment and materials; and for other purposes.

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Punk of the 92nd, Moore of the 6th, Roach of the 10th, Sims of the 106th and Sweat of the 65th and others:
A Bill to he entitled an Act to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations, etc., to provide for all matters connected with the foregoing; and for other p^lrposes.

HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of an administration de boiiis non with will annexed upon applica tion of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an executor has died intestate; and for other purposes.
HB 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates, Horton, Hawes, Cook and Felton of the 95th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to amend an Act creating a Civil Service Board in Fulton County, so as to change the compensation of the mem bers of the said Civil Service Board; and for other purposes

HB 629. By Messrs. Jones of the 59th, Murphy of the 19th and Brown of the 32nd:
A Bill to be entitled an Act to amend the "Building and Loan Act", so as to provide that the terms "shares", "accounts," "share accounts" and "savings accounts" shall be deemed to include, without limitation, "de posits", "savings deposits", "deposit accounts" and other similar ter minology permitted by Federal law to Federal savings and loan as sociations to denote any portion of the capital of such associations; and for other purposes.

HR 224-629. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Resolution authorizing the Governor, on behalf of the State of Geor gia to convey to the City of Valdosta, a municipal corporation, and ease ment for the construction, maintenance, and operation of a sewer line over and through State-owned property located in Lowndes County and operated as a part of the State Farmers Market; and for other purposes.

992

JOURNAL OF THE HOUSE,

HR 225-629. By Mr. Vaughn of the 74th:
A Resolution compensating Mrs. Eleanor Francis; and for other pur poses.

HB 630. By Messrs. Cook, Horton, Felton, Cates and Hawes of the 95th, Egan of the 116th, Adams of the 100th, Alexander of the 108th 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 provide by ordinance for the establish ment of reasonable fees chargeable to the general public, or any reason able class thereof, for admission to the zoo; and for other purposes.

HR 226-630. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution accepting the bid of Jamestown Shopping Center, Inc., for the lease of the "Henry Grady Hotel Property"; and for other purposes.

HB 631. By Messrs. Salem and Rush of the 51st:
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; and for other purposes.

HB 632. By Messrs. Salem and Rush of the 51st:

,

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; and for other purposes.

HB 633. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Davis of the 86th:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said County, and the Museogee County Airport; and for other purposes.

HB 634. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.

THURSDAY, FEBRUARY 27, 1969

993

SB 145. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to require that inmates released from State penal institutions and county works camps be furnished a certain sum of money; and for other purposes.

SB 148. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide for ex tension of limits of places of confinement of certain prisoners; and for other purposes.

SB 149. By Senators Padgett of the 23rd and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating within the De partment of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.

SB 173. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and! to prisons, public works camps and prisoners, so as to authorize the Director of Corrections to permit certain prisoners to leave their places of confinement for limited social visits; and for other purposes.

SB 174. By Senator Padgett of the 23rd.
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, so as to provide for the issuance of court orders requiring the production of prisoners seeking trials upon pending indictments; and for other purposes.

SB 175. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act to revise the laws relating to the State Board of Corrections, prisons, public works camps and prisoners, so as to provide that when certain prisoners are needed as witnesses or defendants, they shall be delivered to the sheriff; and for other purposes.

994

JOURNAL OF THE HOUSE,

Mr. Barber of the 15th, 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 116. Do Pass by Substitute. SB 13. Do Pass. SB 21. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB 593. Do Pass as Amended.

SR

10. Do Pass by Substitute.

HR 129-341. Do Pass.

Respectfully submitted, Harris of the 77th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

THURSDAY, FEBRUARY 27, 1969

995

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 108. Do Pass. HB 251. Do Pass. HB 283. Do Pass. HB 442. Do Pass. HB 443. Do Pass. HB 500. Do Pass. HB 501. Do Pass. HB 515. Do Pass. HB 546. Do Pass. HB 580. Do Pass. HB 581. Do Pass. HB 582. Do Pass. HB 583. Do Pass. HB 584. Do Pass. HB 585. Do Pass. HB 588. Do Pass. HB 591. Do Pass. HB 596. Do Pass. HB 597. Do Pass. HB 598. Do Pass. HB 599. Do Pass. HB 600. Do Pass. HB 601. Do Pass. HB 604. Do Pass. HB 615. Do Pass. HB 619. Do Pass. HB 621. Do Pass. HB 622. Do Pass. HB 623. Do Pass. HB 624. Do Pass.

996

JOURNAL OF THE HOUSE,

HB 625. Do Pass. HB 628. Do Pass. HB 631. Do Pass. HB 632. Do Pass. HB 633. Do Pass. HB 634. Do Pass. SB 70. Do Pass as Amended.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda
tions :

HR 204-586. Do Pass.

SB 127. Do Pass.

SB 128. Do Pass.

HB 228. Do Pass as Amended.

HB 572. Do Pass.

SB

7. Do Pass by Substitute.

HB 605. Do Pass.

HR 193-557. Do Pass.

Respectfully submitted, McClatchey of the 113th Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:

THURSDAY, FEBRUARY 27, 1969

997

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the fol

lowing Bills of the House and has instructed me as Chairman, to report tha

same back to the House with the following recommendations:

;:

HB 525. Do Pass. HB 527. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

Mr. Williams of the llth assumed the Chair.

HB 108. By Messrs. Adams of the 100th, Lane of the 101st, Hood of the 99th, Sims of the 106th, Winkles of the 96th and Brantley of the 114th and others:
A Bill to be entitled an Act to provide for increased pension benefits for policemen and firemen, widows and minor children of the same in certain counties (population in excess of $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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 251. By Messrs. Bostick and Fallin of the 63rd:
A Bill to be entitled an Act creating a board of commissioners of roads and revenues of Tift County, as amended, so as to change the salary of the Chairman of the Board of Commissioners of Tift County, and the Vice-Chairman; and for other purposes.

998

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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 283. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield county and creating a Board of Commissioners of Whitfield County, as amended, so as to make it lawful for certain persons to con tinue to be employed by Whitfield County irrespective of relationship to any Member of the 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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 442. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, etc., 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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 27, 1969

999

HB 443. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court, the Ordinary, theTax Collector and the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 500. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, as amended, so as to provide a four-year term for the Mayor of the City of Swainsboro; to provide when such term shall be come effective; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 501. By Mr. Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Emanuel County, as amended, so as to provide for four-year terms for the members of the board; to provide when such terms shall become effective; etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

HB 515. By Messrs. Lane of the 101st, Horton, Hawes, Cates and Cook of the 95th, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, as amended, so as to set for the procedure for naming Judge pro tern of the City Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 546. By Messrs. Lane of the 101st, Horton, Felton and Cates of the 95th, Longino of the 98th, Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, as amended, so as to provide that all zon ing and planning laws shall be governed by the general laws of the State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an an nual salary, as amended, so as to change the compensation of the sheriff and the clerk of the superior court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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1001

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty County into the office of tax commissioner, as amended, so as to change the compensation of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill having received the requisite constitutional majority, was passed.

HB 582. By Messrs. Snow, Crowe and Hale of the 1st, Peters of the 2nd and Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act providing a supplement to the salary of the Judge of the Superior Court of the Lookout Moun tain Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 583. By Messrs. Snow, Crowe and Hale of the 1st: A Bill to be entitled an Act to reincorporate the City of LaFayette in the County of Walker; to provide for severability; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 584. By Messrs. Williams, Cooper and Wood of the llth: A Bill to be entitled an Act to incorporate and grant a charter to the City of Murrayville in the County of Hall; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
The Bill, having received the requisite constitutional majority, was passed.
HB 585. By Mr. Harrison of the 66th: A Bill to be entitled an Act to provide for the election of the mem bers of the Board of Education of Charlton County; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A Bill to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.

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1003

The Bill, having received the requisite constitutional majority, was passed.

HB 591. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, as amended, so as to change the com pensation of the judges and the clerk of said Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 596. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act to provide a new charter for the Town of Scott in the County of Johnson; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 597. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax re ceiver of Putnam County on a salary basis, so as to change the com pensation of the clerk of the Superior Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

HB 598. By Mr. Moate of the 28th:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, as amended, so as to change the compensation of the chairman and the members of the Board and the clerk 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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 599. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 600. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, so as to change the compensa tion of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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1005

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 601. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax re ceiver of Putnam County on a salary basis, so as to change the com pensation of the ordinary of Putnam County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill having received the requisite constitutional majority, was passed.

HB 604. By Messrs. Bostick and Pallin of the 63rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Tifton, as amended, so as to change the salary of the city manager; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 70. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and provide for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor general; and for other purposes.

The following Committee amendment was read and adopted:

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The Committee on Local Affairs moves to amend Senate Bill No. 70 as follows:

By striking from quoted Section 2A of Section 1 the sentence which reads as follows: "Said assistant district attorney shall be compen sated in the amount of $16,000.00 per annum to be held in equal month ly installments from the funds of Muscogee County.", and inserting in lieu thereof the following sentence: "Said assistant district attorney shall be compensated in an amount not less than $10,000.00 per annum and not more than $16,000.00 per annum, said amount to be determined by the District Attorney and to be paid in equal monthly installments from the funds of Muscogee 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 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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 47. By Mr. Geisinger of the 72nd:
A Bill to authorize the judge of any court having1 jurisdiction over the criminal offense and accused or defendant involved to order proper au thorities to release the criminal accused or defendant on a bond signed by any responsible resident of the state, etc.; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

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1007

HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th, Parker of the 46th, Hawes of the 95th and Mrs. Hamilton of the 112th:
A Bill to provide for the education and rehabilitation of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to provide certain requirements relative to the construction of public buildings paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 23. By Mr. Parker of the 46th: A Bill to require the owners of real property or persons having im mediate supervision over real property in this State on which is located any free flowing- artesian well to have such well tapped or otherwise stop the flow of any such well, except when in use, when certain con ditions exist; and for other purposes.
HB 202. By Mr. Alexander of the 108th: A Bill to amend Code Section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, so as to pro vide for informing the parties of the decision of the State Board of Education upon appeal thereto; and for other purposes.

HB 203. By Messrs. Parker and Nessmith of the 44th, Barber of the 15th, Brantley of the 52nd, Parker of the 46th, Farrar of the 77th and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of ad ministrations' share of the cost of supporting the Minimum Foundation Program of Education; and for other purposes.
HB 318. By Mr. McClatchey of the 113th:
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

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to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.

HB 363. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits; and for other purposes.

HB 380. By Messrs. Melton and Brown of the 32nd, Smith and Caldwell of the 39th:
A Bill to authorize the Judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix the compensation of a secretary; and for other purposes.

HB 447. By Messrs. Bostick of the 63rd, Rowland of the 42nd and Lee of the 21st:
A Bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts and the qualifica tions and eligibility for benefits; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional ma jority the following Bills of the House, to-wit:

HB 128. By Mr. Lane of the 101st:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.

HB 135. By Mr. Rowland of the 42nd:
A Bill to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the pur pose of providing suitable offices for use by the Employment Security Agency in the Department of Labor, for the procurement of lands, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

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1009

SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others:
A Bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, as amended, so as to change the maximum rate of sales of tobacco at any warehouse; to repeal conflicting laws; and for other purposes.

SB 114. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors as amended, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; and for other purposes.

SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th, and Andrews of the 49th:
A Bill to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; and for other purposes.

SB 126. By Senator Kidd of the 25th:
A Bill to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation status of the State of Georgia; and for other purposes.

SB 141. By Senator Vann of the 10th:
A Bill to amend an Act known as the "Georgia Fertilizer Act of 1960", as amended, so as to eliminate the provision requiring that each brand and grade of commercial fertilizer must be registered before being sold, distributed or offered for sale; and for other purposes.

SB 182. By Senator Trippe of the 31st:
A Bill to amend an Act entitled "An Act to authorize the investment from time to time of the proceeds of bonds issued by any county; etc.; to define the securities in which such funds may be invested; etc." so as to authorize the investment of bond proceeds in additional types of in vestments; and for other purposes.

SB 157. By Senator Holley of the 22nd:
A Bill to amend Code Section 13-912, relating to common stock, pre ferred stock, capital stock, capital, and stock options, as amended so as

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to provide for an increase in the common stock of a bank in the cate gory of authorized but unissued stock; and for other purposes.

SB 184. By Senator Trippe of the 31st:
A Bill to amend Code Section 108-417, relating to investments by trustees so as to provide for the investment of trust funds by trustees and for matters relative thereto; and for other purposes.

SB 90. By Senator Holley of the 22nd:
A Bill to amend Code Title 13, known as the "Banking Law" of Ga., as amended, so as to provide for the conversion of a regulated certifi cated bank into a State Chartered bank; and for other purposes.

SB 96. By Senator Chapman of the 32nd:
A Bill to amend an Act approved March 14, 1963 (Ga. Laws 1963, pages 81-121), so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 96. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act approved March 14, 1963, so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.
Referred to the Committee on Welfare.

SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others:
A Bill to be entitled an Act relating to the sale of flue-cured leaf to bacco in this State, so as to change the maximum rate of sales of to bacco at any warehouse; and for other purposes.
Referred to the Committee on Agriculture.

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1011

SB 114. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors, so as to pro vide that the board shall record and file the valuation fixed and as sessed on corrected returns; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th, and Andrews of the 49th: A Bill to be entitled an Act to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provdie when a spouse shall have preference in the appointment as guardian; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 126. By Senator Kidd of the 25th: A Bill to be entitled an Act to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authori ties, for the receipt of benefits as prescribed by the Workmen's Com pensation statutes of the State of Georgia; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 141. By Senator Vann of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to eliminate the provisions requiring that each brand and grade of commercial fertilizer must be registered before being sold, distributed or offered for sale; and for other purposes.
Referred to the Committee on Agriculture.

SB 157. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act known as the "Metro politan Atlanta Rapid Transit Authority Act of 1965", so as to indicate

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which public bodies said Authority may contract with pertaining to its purposes; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 182. By Senator Trippe of the 31st:
A Bill to be entitled an Act to amend an Act entitled "An Act to auth orize the investment from time to time of the proceeds of bonds issued by any county, etc.; to define the securities in which such funds may be invested; etc.", so as to authorize the investment of bond proceeds in additional types of investments; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 184. By Senator Trippe of the 31st:
A Bill to be entitled an Act to amend Code Section 108-417, relating to investments by trustees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 190. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to provide for the conversion of a regulated cer tificated bank into a State chartered bank; and for other purposes.
Referred to the Committee on Banks and Banking.

The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

The following Senate amendment was read:

Senator Broun of the 46th moves to amend HB 260 by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

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1013

On or after the first day of January 1970, except as otherwise pro vided herein, no person, firm or corporation shall construct, or permit the construction of a building which is to be used by the public, and the cost of the construction of which is to be paid for, in whole or in part, from State, county or municipal funds, or from the funds of any public agency or authority created for the purpose of constructing or con tracting for the construction of public buildings unless such building has at least one entrance which is accessible by a ramp, equipped with a non-slip surface.

Mr. Matthews of the 16th moved that the House disagree to the Senate amendment.

The motion prevailed and the Senate amendment was disagreed to.

Mr. Hill of the 94th arose to a point of personal privilege and addressed the House.

Mr. Brown of the 110th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 128. By Mr. Lane of the 101st:
A Bill to be entitled an Act to provide certain requirements in connec tion with blasting or excavating in the vicinity of underground pipes and other facilities; and for other purposes.

The following Senate amendment No. 1 was read:
AMENDMENT NO. 1
The Senate Committee on Industry and Labor moves to amend HB 128 by adding to Section 3, Paragraph (e) to read as follows:
"(e) Municipal natural gas distribution systems shall not be required to file maps in the clerk's office, but shall maintain same in the office of the Clerk of said City, or in the office of the Super intendent of the Gas Department of said City or in the office of the Utility Commission of said City."

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Mr. Lane of the 101st moved that the House agree to Senate amendment No. 1.

On the motion to agree, the ayes were 115, nays 0.

The motion prevailed, and the Senate amendment No. 1 was agreed to.

The following Senate amendments Nos. 2 and 3 were read:
AMENDMENT NO. 2
Senator Smalley of the 28th moves to amend HB 128 by striking the phrase "five (5) business days" from Section 6 and by substituting in lieu thereof the phrase "one (1) business day" and by adding in the same paragraph after the phrase "such longer reasonable period" the phrase "not exceeding three business days".
AMENDMENT NO. 3
Senator Smalley of the 28th moves to amend HB 128 by striking from Section 5 (b) (4) the words and numerals "seven (7) days" and by substituting in lieu thereof the words and numerals "one (1) day" and by striking the words and numerals "thirty (30) days" and by substituting in lieu thereof the words and numerals "seven (7) days".

Mr. Lane of the 101st moved that the House disagree to Senate amendments Nos. 2 and 3.

The motion prevailed, and Senate amendments Nos. 2 and 3 to HB 128 were disagreed 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 Bills of the House and Senate, to-wit:

SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
A Bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to indicate which public bodies

THURSDAY, FEBRUARY 27, 1969

1015

said Authority may contract with pertaining to its purposes; and for other purposes.

HB 339. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners for the County of Oconee, so as to change the compensation of the chairman of the Board; and for other purposes.

Mr. Levitas of the 77th arose to a point of personal privilege and addressed the House.

Mr. Ballard of the 23rd arose to a point of personal privilege and addressed the House.

Mr. Miller of the 83rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 162. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Chapter 92-31 of the Code of Georgia, relating to the Georgia Income Tax, and rates, exemptions and deductions thereunder, so as to alter rates of taxation imposed on corporations and individuals; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Bell Bond Brown, B. D. Burruss Gates Clarke Cole Collins, S. Cook Daugherty Davis, W.

DeLong Dickinson Dodson Egan Evans Ezzard Farmer Floyd Gary Geisinger Harris, R. W. Henderson Hill, B. L. Hill, G. Horton

Housley Johnson, B. Keen Knapp Kreeger Leonard Levitas Marcus Mason Maxwell McDaniell Merritt Miller Morris Nash

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Odom Pinkston Scarborough Sherman

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T. Snow Thomason

Thompson, R. Westlake Wilkerson Wilson

Those voting in the negative were Messrs.

Ballard Barber Barfield Bennett Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks
Brown, C. Buck Busbee Caldwell Chandler Collier, J. M. Collins, M. Colwell Conger Connell Cooper Crowe Dailey Dean Dent Dixon Dorminy Douglas Edwards Ellis Fallin Farrar Felton Funk

Gaynor Gignilliat Grahl Graves Gunter
Hadaway Hale
Hargrett Harrington Harris, J. R. Harrison Hawes Holder Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keyton Lane Lee, W. S. Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Miles Milford Moate Mullinax Murphy

Nessmith Northcutt Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Rowland Rush
Russell Salem Scarlett Simmons Sims Sorrells Sweat Thompson, A. W. Toles Town send Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Battle Blalock Carnes Cato Conner Davis, E. T.

Dean, J. E. Floyd, L. R. Hamilton Harris, J. F. Higginbotham Hood

Howell Jones, M. Knowles Lambert Lane, Dick Lee, W. J. (Bill)

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1017

Moore, Don C. Nunn Peterson Pickard

Ross Shanahan Shepherd Simkins

Whaley Mr. Speaker

On the motion to reconsider, the ayes were 57, nays 110.

The motion was lost, and the House refused to reconsider the passage of HB 162.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendments Nos. 2 and 3 to the following Bill of the House, to-wit:

HB 128. By Mr. Lane of the 101st:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.

The Speaker announced the House recessed until 1:30 o'clock, P.M.

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 175. By Messrs. Grahl of the 40th and Barber of the 15th:
A RESOLUTION
Creating an interim committee to study the Teachers' Retirement System of Georgia; and for other purposes.

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WHEREAS, there are many inequities in the present law which created the Teachers' Retirement System; and

WHEREAS, there is a need for a comprehensive study into the System so that certain inequities may be eliminated.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Teachers' Retirement System Study Committee". The Committee shall 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 Teachers' Retirement System. The Committee shall make a report of its findings and recommendations to the 1970 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 funds necessary for the purpose of this Resolution shall come from funds appropriated to and available to the legislative branch of government.

HR 238. By Mr. Dean of the 19th:
A RESOLUTION
Imploring the Honorable Neil Fricks (alias "Needle") to hurry his climb up the ladder of success at Lockheed; and for other purposes.
WHEREAS, it is commonly known that the Treasury of the State of Georgia is in financially dire straits; and
WHEREAS, it is further known that there is but one man in the whole State of Georgia that can save the State from fiscal ruin: the Honorable Neil Fricks (known to his friends and a few of his enemies as "Needle"); and
WHEREAS, the Honorable Needle is the Manager of Department No. 50-13 at Lockheed, sometimes called the Stores Department, and he has demonstrated to the world that he possesses boundless energies, the highest intellectual and managerial abilities, and an astuteness equalled by none; and
WHEREAS, legend tells us that the Honorable Neil Fricks was born in back of an MSP bin, and that he attended a trade school on North Avenue in Atlanta; and
WHEREAS, he is known to possess a bogey attitude while at work and play; and
WHEREAS, it is sincerely hoped that the Honorable Neil Fricks will diligently purse his climb up the ladder of success at Lockheed, because this Body is aware that Neil Fricks will push Lockheed to new

THURSDAY, FEBRUARY 27, 1969

1019

heights and, at the same time, will provide increased tax revenues to the currently depleted State Treasury.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body implores the Honorable Neil Fricks to pursue his "puttin' it in and takin' in out of" policy, with all deliberate speed, in order that the State Treasury will once again become a solid, fiscally sound institution.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honor able Neil Fricks.

HR 239. By Messrs. Marcus of the 105th and McDaniell of the 117th:
A RESOLUTION
Relative to the Brown Thrasher; and for other purposes.
WHEREAS, the beautiful and talented Brown Thrasher, whose melodious voice has brought pleasure to the ears of the listeners from Rabun Gap to Tybee Light, has for all these many years served with honor and distinction as Georgia's State Bird; and
WHEREAS, the members of the General Assembly now have before them a proposal to divest toxostoma refum from this lofty position and replace him with a younger and more vigorous Bob White as the aviarium symbol of this State; and
WHEREAS, it is only befitting and proper that upon the retire ment of this noble species as the State Bird that some small recognition and honor be bestowed upon so able a, servant.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby confer upon the noble Brown Thrasher the title of State Bird Emeritus, with all of the honors, rights and privileges thereunto appertaining here and elsewhere; provided, however, notwithstanding the privileges and per quisites which accompany this high office, nothing herein contained shall be construed so as to confer upon said emeritus office any com pensation whatsoever.
BE IT FURTHER RESOLVED that, if at any time in the future, the Brown Thrasher shall be adopted and pressed into service, or should, by any other means, become a symbol, agent or employee in any manner whatsoever of the Federal Government, or any department, agency or bureau thereof, and, in particular, an agent or servant of the Depart ment of Agriculture, the provisions of this Resolution shall not be construed so as to vest in the State Bird Emeritus any rights or privileges to benefits, and, in particular, retirement benefits which might vest in others similarly situated.

1020

JOURNAL OP THE HOUSE,

HR 240. By Messrs. Dixon and Sweat of the 65th and Wheeler of the 57th:

A RESOLUTION
Expressing regret at the passing of Honorable William Henry (Bill) Kimmons; and for other purposes.
WHEREAS, Honorable William Henry (Bill) Kimmons of Blackshear, Georgia, recently passed away; and
WHEREAS, he was a member of the House of Representatives from Pierce County from 1957 until 1964, where he served his people well; and
WHEREAS, he was one of the most personable and best liked members of the House, filled with color and admired for his genuine rustic expressions on issues, and enjoyed the highest respect of his colleagues; and
WHEREAS, he was a prominent businessman in his community and was well known and held in the highest esteem by his fellow citizens; and
WHEREAS, he is survived by his wife, Mrs. Pauline Smith Kim mons; a daughter, Mrs. Sylvia Marr; a son, Mr. Herbert Kimmons; and the uncle of the former able Representative and present illustrious Judge Francis Houston.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable William Henry (Bill) Kimmons and extend their sincerest sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit ap propriate copies of this Resolution to Mrs. Pauline Smith Kimmons, Mrs. Sylvia Marr, Mr. Herbert Kimmons, Judge Francis Houston and Judge Tom Parker.

HR 241. By Mr. Sorrells of the 24th:
A RESOLUTION
Commending the Monroe Girls Corps and their director, Wayne Shields; and for other purposes.
WHEREAS, the Monroe Girls Corps was formed in 1949 under the directorship of Wayne Shields; and

THURSDAY, FEBRUARY 27, 1969

1021

WHEREAS, since that time the Monroe Girls Corps has been under the uninterrupted directorship of the said Wayne Shields; and

WHEREAS, the Monroe Girls Corps has performed in such major cities as New York, Chicago, Philadelphia, Miami, Atlanta; and

WHEREAS, the Monroe Girls Corps has won such awards as International Champion in 1959 at the Lions Convention in New York;
the U. S. Marines Iwo Jima Award; Honor Unit, Carolina Carrousel; and

WHEREAS, the Monroe Girls Corps has led two Georgia gov ernor's inaugural parades; performed in Carnegie Hall; featured group of National Peanut Festival; performed as escort unit for stars at World Premiere of Gone With the Wind; featured attraction at Univer sity of Georgia, Georgia Tech, Furman, Wofford, Presbyterian, Univer sity of the South; and
WHEREAS, the Monroe Girls Corps has performed on national television covering U. S. and Canada; and
WHEREAS, the Monroe Girls Corps has performed repeatedly in New York City in Macy's Thanksgiving Day Parade; and
WHEREAS, the Monroe Girls Corps have truly earned the name "Georgia Daughters of Goodwill".

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Monroe Girls Corps and Wayne Shields, their distinguished director, upon this outstanding musical group's compiling so enviable a record of musical achievement and excellence.

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 Wayne Shields, director of the Monroe Girls Corps.

HR 242. By Mr. Edwards of the 45th:
A RESOLUTION
Commending the Honorable Jim Lee of Radio Station WMBL, Macon, for excellent newscasting; and for other purposes.
WHEREAS, the residents of Macon, Georgia, who have the good taste and foresight to listen to Radio Station WMBL, are blessed with up-to-date, accurate and well-delivered reports of the goings on of the General Assembly; and

1022

JOURNAL OF THE HOUSE,

WHEREAS, the reason why WMBL's reports on the activities of the General Assembly are so accurate and excellent is because the Honorable Jim Lee, of said station, is on full-time assignment at the Capitol; and

WHEREAS, the Honorable Jim Lee has demonstrated to the members of this Body that he is a dedicated and responsible person who is interested in conveying the facts to the public, and in upholding the dignity of the journalistic profession.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Jim Lee of Radio Station WMBL, Macon, for excellent newscasting.

BE IT FURTHER RESOLVED that the Clerk of the House trans mit a copy of this Resolution to the Honorable Jim Lee, Radio Station WMBL, Macon, Georgia.

HR 243. By Mr. Wamble of the 69th:
A RESOLUTION
Congratulating the Whigham High School of Grady County Boys Basketball Team; and for other purposes.
WHEREAS, the Whigham High School "Indians" Boys Basket ball Team recently won the State Class C basketball championship for the year 1967-68; and
WHEREAS, the team compiled an enviable record during the 196768 season and in addition to winning the State Championship, won the Class "1-C" Region Championship; 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, determination, drive, pride and sportsmanship of these young athletes and Coach Aaron Todd; and
WHEREAS, all the citizens of Georgia and particularly those citizens residing in Grady 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 men of the Whigham High School of Grady County "Indians" Boys Basketball Team and Coach Aaron Todd in extending to them our heartiest congratulations for their many accomplishments on the hardwood floors of friendly competition.

THURSDAY, FEBRUARY 27, 1969

1023

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 Burton M. Wamble, Representa tive, 69th District, so that he may personally present a copy thereof to each member of the team and to Coach Aaron Todd.

HR 244. By Mr. Dean of the 19th:
A RESOLUTION
Authorizing and directing the Mayor of the City of Rockmart to create a nine-member Rockmart Centennial Commission; and for other purposes.
WHEREAS, in the year 1972, the City of Rockmart will celebrate the one hundredth year of its existence; and
WHEREAS, it is only fitting and proper that a progressive municipality, as is Rockmart, be presented a Centennial celebration that will long be remembered as one of Georgia's finest; and
WHEREAS, fine Centennials are created and brought into being by toil, sweat and tears of talented, inspired individuals; and
WHEREAS, much time and energy will need to be devoted to the planning and execution of Rockmart's Centennial; and
WHEREAS, it would be most worthwhile for the Mayor of Rockmart to appoint nine of Rockmart's capable men and women to the "Rockmart Centennial Commission" which Commission shall study, plan, devise and implement the procedures, festivities and activities needed to make Rockmart's Centennial the finest ever.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby authorizes and directs the Honorable Fred Braswell, Mayor of the fine City of Rockmart, to appoint nine of the municipality's able men and women to a Com mission to be called the "Rockmart Centennial Commission", with the advice and consent of the Rockmart City Council. The appointments shall be made within 90 days of the effective date of this Resolution.
The Commission shall be responsible for studying, planning, de vising and implementing the procedures, festivities and activities needed to make Rockmart's Centennial the best ever celebrated in the State of Georgia.
The Commission may call upon the various civic organizations, city officials and the Secretary of State in order to obtain such aid as these individuals may be able to render.

1024

JOURNAL OF THE HOUSE,

The Commission shall remain in existence until the year 1972 has ended.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to: The Honor able Fred Braswell, Mayor, City of Rockmart and The Honorable Ben Fortson, Secretary of State.

The following Resolutions of the House were read and referred to the committees:

HR 245. By Messrs. Kreeger, Burruss, Henderson, Wilson, Atherton, Housley and McDaniell of the 117th:
A RESOLUTION
Urging the Board of Regents to change Southern Technical In stitute to a four-year college; and for other purposes.
WHEREAS, Southern Technical Institute is currently a two-year college and provides only two years of training for its graduates in the various fields of technology; and
WHEREAS, Southern Technical Institute is the only accredited technical institute in Georgia; and
WHEREAS, there is a national trend to establish technological colleges which offer four-year degrees in the various fields of tech nology; and
WHEREAS, the industry in our State has a tremendous need for graduates from four-year techniological colleges.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the Board of Regents of the University System of Georgia to change Southern Technical Institute to a four-year college.
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 Chancellor and each member of the Board of Regents.
Referred to the Committee on University System of Georgia.

THURSDAY, FEBRUARY 27, 1969

1025

HR 246. By Messrs. Lane of the 101st, Brantley of the 114th and Adams of the 100th:

A RESOLUTION

Creating the Merit System Study Committee; and for other pur poses.

WHEREAS, it has come to the attention of many members of the House of Representatives that certain employees of the State of Georgia are not presently covered by the State merit system; and

WHEREAS, a bill has been introduced providing a procedure for the inclusion of such employees under the merit system; and

WHEREAS, a study should be made to determine the number, types and classifications of employees not under said merit system and the reasons therefor before the enactment of legislation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Merit System Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall make a study of the number, types and classifications of all em ployees of the State government who are not presently covered by the merit system and the reasons such employees have not been so covered. Said Committee shall be authorized to make such inquiries and investi gations as it deems necessary in completing such study, and in this con nection, the officials and personnel of the various departments and agencies of the State government shall cooperate with said Committee in order for it to carry out its duties under this Resolution.

BE IT FURTHER RESOLVED that the members of said Com mittee shall be authorized to meet for such number of days as the Speaker of the House shall designate. Each member of said Committee shall receive the expense, mileage and travel allowances provided by law for members of legislative interim committees. Any funds necessary to carry out this resolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its findings, recommendations and suggestions for proposed legislation, if any, on or before the day the 1970 regular session of the General Assembly is convened, on which date the Committee shall stand abolished.

Referred to the Committee on Special Judiciary.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

1026

JOURNAL OP THE HOUSE,

Mr. Speaker:

The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th:
A Bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

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 436. By Messrs. Vaughn of the 74th and Felton of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act" which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955, as amended, and known as the "Georgia Rural Roads Authority Act".

An amendment, offered by the Committee on Highways, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:

Mr. Vaughn of the 74th moves to amend HB 436 as follows:

By striking from Section 7 in both places where they appear the the words "and not more than 100 million may be bonds issued to finance urban road projects" and substituting the words "and not more than 284 million may be bonds issued to finance projects other than urban road projects."
The following amendment was read:
Mr. Brantley of the 52nd moves to amend HB 436 as follows:
By striking paragraph (i) of quoted Section 3, which is contained in Section 1 of said bill, in its entirety and inserting in lieu thereof a new paragraph (i) to read as follows:

THURSDAY, FEBRUARY 27, 1969

1027

"(i) Urban incorporated municipality--A municipal corpora tion incorporated and chartered pursuant to an Act of the General Assembly of Georgia which describes the territorial boundaries and limits of such municipal corporation."

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 Bowen Brantley, H. L. Brooks Crowe Dean, J. E. Dean, N. Dickinson Dorminy Douglas Floyd, J. H. Funk Hadaway Hargrett

Harrington Harris, J. F. Harrison Howell Hudson Johnson Lane, W. J. Lewis Matthews, D. R. Mauldin Milford Moate Murphy Nessmith Pafford

Those voting in the negative were Messrs.

Adams Alexander Atherton Barber Bell Berry Black Blalock Bond Bray Brown, B. D. Brown, C. Buck Burruss Busbee Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Conger Connell

Cook Cooper Daugherty Davis, E. T. Davis, W. Dent Dixon Dodson Egan Ellis Evans Ezzard Tallin Farmer Farrar Felton Floyd Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale

Parker, C. A. Parker, H. W. Peters Phillips, L. L. Phillips, W. R. Poole Roach Rowland Rush Simmons Smith, J. R. Snow Wheeler, Bobby
Hamilton Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Horton Housley Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas

1028
Longino Lowrey Marcus Mason Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Miller Morris, L. Mullinax Nash Northcutt Nunn

JOURNAL OF THE HOUSE,

Odom Patterson Peterson Phillips, G. S. Pinkston
Potts Reaves Ross Russell Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, V. T. Sorrells

Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn
Wamble Ware Westlake Whaley Wheeler Winkles Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Barfield Battle Bennett Bohannon Bostick Brantley, H. H. Caldwell Carnes Colwell

Conner Dailey DeLong Edwards Holder Hood Jones, M. Jordan, G. Knowles

Matthews, C. Moore Paris Pickard Rainey Salem Shanahan Mr. Speaker

On the adoption of the amendment, the ayes were 43, nays 126.

The amendment was lost.

The following amendment was read:

Mr. Vaughn of the 74th moves to amend HB 436, as amended by the Com mittee on Highways as follows:

By striking the first sentence of paragraph (h) of Section 3, as amended, and substituting in lieu thereof the following language:

(h) Urban Road--Any continuous stretch of public way, road, thoroughfare, street or right-of-way located:

THURSDAY, FEBRUARY 27, 1969

1029

(i) Anywhere wholly within the boundaries of a county with a population of more than 100,000 according to the most recent decennial federal census in which there is situated an urban municipality; or

(ii) Wholly or partly within an urban incorporated munici pality within the boundaries of a county with a population under 100,000 according to the most recent decennial federal census and extending no more than two miles outside of such urban incor porated municipality;

and used to afford passage to persons and vehicles from one point to another within this state, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such road.

The following amendment to the amendment by Mr. Vaughn was read:

Messrs. Matthews and Farmer of the 16th move to amend Mr. Vaughn's floor amendment to HB 436 by striking from sub-paragraph (i) of paragraph
'(h) the words "100,000" and substituting in lieu thereof the words "40,000", and "by striking from sub-paragraph (ii) of paragraph (h) the words "100,000" and
substituting in lieu thereof the words "40,000".

On the adoption of the Matthews and Farmer amendment to the Vaughn amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson

.

Ballard

Bowen

Brantley, H. L.

Bray

Brooks

Cole

Collier

Cooper

Crowe

Dean, N.

Dickinson

Dodson

Douglas

Ezzard

Farmer Floyd, J. H. Gary Hadaway Harrington Harris, R. W. Harrison Housley Johnson, B. Lane Lee, W. J. (Bill) Leonard Lewis Matthews, C. Mullinax

Murphy Nessmith Nunn Pafford Parker, H. W. Peterson Potts Scarlett Smith, V. T. Snow Sorrells Ware Williams Wood

1030

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams Alexander Atherton Barber Barfield Bell Berry Black Blalock Bohannon Bond
Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Collins, M. Collins, S. Colwell Conger Connell Cook Dailey Daugherty Davis Davis, W. Dean, J. E. Dent Dixon Egan Ellis Evans Fallin Farrar Felton Floyd, L. R. Funk Gaynor

Geisinger Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harris, J. P. Harris, J. R. Hawes
Henderson Higginbotham Hill, B. L. Hill, G. Holder Horton Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. S. Levitas Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt

Miles Milford Miller Moate Morris Nash Northcutt Odom Parker, C. A. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Reaves Roach Rush Russell Salem Scarborough Shepherd Sherman Simkins Sims Smith J. R. Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles

Those not voting were Messrs.:

Battle Bennett Bostick Brantley, H. H. Caldwell Clarke Conner DeLong Dorminy

Edwards Hood Howell Jones, M. Jordan, G. Knowles Matthews, D. R. Moore Paris

Pickard Rainey Ross Rowland Shanahan Simmons Sweat Wilson Mr. Speaker

THURSDAY, FEBRUARY 27, 1969

1031

On the adoption to the Matthews and Farmer amendment to the Vaughn amendment, the ayes were 44, nays 124.

The amendment to the amendment was lost.

The amendment by Mr. Vaughn of the 74th 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 Atherton Barber Barfield Bennett Berry Black Blalock Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Colwell Connell Cook Cooper Crowe Dailey Daugherty Dean, J. E.

Dean, N. Dent
Dodson Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Harrington Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley

Hutchinson Joiner, F. A. Jones, C. M. Jones, Herb Keen Keyton
Knapp Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Miller Moate Mullinax Nash Northcutt Nunn Paris

1032

JOURNAL OF THE HOUSE,

Parker, C. A. Patterson Peterson Phillips, G. S. Phillips, L. L. Pinkston Potts Reaves Ross Roach Rowland Rush

Russell Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, V. T. Snow S orrells Thomason Thompson, A. W.

Thompson, R. Townsend Vaughn Wamble Ware Whaley Wheeler, J. A. Williams Wilson Winkles Wood

Those voting in the negative were Messrs.

Anderson Ballard Bell Brantley, H. L. Brooks Colling S. Davis, W. Dickinson Dixon Dorminy Douglas Floyd, J. H. Floyd, L. R.

Harris, J. F. Harrison Higginbotham Hudson Johnson, B. Jordan, H. S. Lane, Dick Lane, W. J. Lewis Mauldin Milford Morris Murphy

Nessmith Odom Pafford Parker, H. W. Peters Phillips, W. R. Poole Rainey Simmons Smith, J. R. Sweat Wheeler, Bobby Wilkerson

Those not voting were Messrs.:

Battle Bohannon Bostick Bowen Collins, M. Conger Conner Davis, E. T.

DeLong Edwards Hargrett Howell Jones, M. Jordan, G. Knowles Moore

Pickard Salem Shanahan Toles Westlake Mr. Speaker

On the passage of the Bill, as amended, the ayes were 134, nays 39.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Levitas of the 77th asked unanimous consent that HB 436, as amended, be immediately transmitted to the Senate.

The consent was granted, and HB 436, as amended, was ordered immediately transmitted to the Senate.

THURSDAY, FEBRUARY 27, 1969

1033

Messrs. Davis of the 86th and Toles of the 9th stated that they had been called from the floor of the House when the roll was called on the passage of HB 436, as amended, but had they been present, would have voted "aye".

The following Bill of the House was taken up for the purpose of considering the Senate's insistence in amending the same:
HB 128. By Mr. Lane of the 101st: A Bill to be entitled an Act to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.
Mr. Lane of the 101st moved that the House insist on its position in disagree ing to the Senate amendments Nos. 2 and 3 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. Adams of the 100th, Hill of the 97th and Lane of the 101st.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, and Paris of the 14th: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
The following report of the Committee of Conference was read:

1034

JOURNAL OF THE HOUSE,

CONFERENCE COMMITTEE REPORT ON H. B. NO. 76
The Conference Committee on H. B. No. 76 recommends that the Senate and the House of Representatives both recede from their positions, and that the attached Conference Committee Substitute to H. B. No. 76 be adopted.
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
James H. Floyd Representative, 7th District Robert W. Harrison, Jr. Representative, 76th District Colquitt H. Odom Representative, 61st District
CONFERENCE COMMITTEE SUBSTITUTE TO H. B. NO. 76
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes pro vided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appropri ated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.
Section 1. Legislative Branch
1968-69 ........._...._....-.-..___......_........_._....._.__.......__$2,300,000.00 Provided that the following objects in the Budget Report shall be changed to read as follows:

THURSDAY, FEBRUARY 27, 1969

1035

Personal Services ._______--.______--_____,,_.......__.__...___.$ 900,000.00

Operating Expenses ._.....____...-___-.__-___..__._____.-_..^_^$l,200,000.00

Section 2. Comptroller General 1968-69 .......................$ 75,708.00

Section 3. Department of Industry and Trade 1968-69 ......__._..-.-.....__-_..._._-._....._....._...__...$ 173,100.00

Provided that not more than $6,900.00 shall be ex pended for business meals and incidental expenses as provided in an amendment to Article VII, Section I, Paragraph II of the Constitution (Ga. Laws 1968, p. 1882) which was ratified at the 1968 election.

Section 4. Secretary of State--Combined Divisions 1968-69 ...................................................... ^ 42,250.00

Section 5. Department of Agriculture

1968-69

________________________._________.______^.____-__.$l,000,000.00

Provided that the following object in the Budget Report shall be changed to read as follows:

Operating Expenses .........,,.......__...,,..._._-._.__...__,,..$ 35,000.00

Provided that the following objects shall be added to those contained in the Budget Report:

Fire Ant Eradication ,,._._.__.___..___.,,.._........__.........___.$ 715,000.00

Hog Cholera Indemnities ,,..__.-..-...__._-......___.-....__.__$ 150,000.00

Section 6. Department of Mines, Mining and Ge ology--Surface Mined Land Use Board
1968-69 ...........................................$ 25,500.00

Section 7. North Georgia Mountains Commission 1968-69 --------------.---.--..-.---.-$ 35,400.00

Section 8. State Board of Corrections 1968-69 ____.....__.........-.._,,.__,,._._._._-_..___.-..-._.$ 100,000.00

Section 9. State Board of Education--Department of Education 1968-69 ............................... .........^ 769,944.00

Section 10. Highway Department Capital Outlay --Airport Development 1968-69 ...,,..........,,...._,,..............,,...,,.__,,_____.....__.$ 446,364.00

1036

JOURNAL OF THE HOUSE,

Section 11. Governor's Emergency Fund 1968-69 __._..__......,,____.^....._..^_.._.._......-_..__-$l,350,000.00

Section 12. Game and Fish Commission 1968-69 ________________.._..._.._._..__.__...,,._.._$ 20,000.00

Provided that the above amount is appropriated to the Game and Fish Commission to be placed in oper ating expenses for the purpose of paying Workmen's Compensation benefits.

Section 13. All expenditures and appropriations made and author ized under this Act shall be according to the objects and for the pro grams and activities as specified in the Governor's recommendations contained in the Supplemental Budget Report submmitted to the General Assembly at the regular January, 1969, session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects and programs subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the cur rent biennium, and provided, further that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) mem bers of the Fiscal Affairs Subcommittees 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 Appro priations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any depart ment, bureau, board, commission, institution, 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 alloca
tion until such shall be submitted and approved in the same manner and
under the same conditions provided hereinbefore for transfers.

Section 14. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rate reduc tion of the amount of each such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

THURSDAY, FEBRUARY 27, 1969

1037

The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State.

Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION 1968-69 .....^..^_..____._..$6,338,316.00

Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Floyd of the 7th moved that the report of the Committee of Conference be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexandei Anderson Atherton Barber Barfield Bell Bennett Berry Black Blalock Bohannon Bond
Brantley, H. L. Bray Brooks
Brown, B. D. Brown, C. Buck

Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell
Conger Connell Conner
Cook Cooper Crowe

Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Egan
Ellis Evans Ezzard
Fallin Farmer Farrar

1038
Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S.
Keen
Keyton
Knapp
Kreeger

JOURNAL OF THE HOUSE,

Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCraeken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W.
Patterson
Peters
Peterson
Phillips, G. S.

Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Town send Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson
Winkles
Wood

Those not voting were Messrs. :

Ballard Battle Bostick Bowen Brantley, H. H. DeLong Edwards

Harris, J. R. Hawes Jones, M. Knowles Levitas Longino Pickard

Pinkston Rowland Shanahan Thompson, R. Vaughn Mr. Speaker

On the motion, the ayes were 175, nays 0.

THURSDAY, FEBRUARY 27, 1969

1039

The motion prevailed, and the report of the Committee of Conference was adopted.

The following1 message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 76. By Messrs. Murphy of the 19th, Lane of the 44th, and Paris of the 14th: A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
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 396. By Messrs. Pickard, Buck and Jones of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", as amended, so as to change the procedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage pur poses by the drink may be authorized and regulated by certain counties and municipalities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 396 was ordered immediately transmitted to the Senate.

1040

JOURNAL OF THE HOUSE,

HE 133-375. By Mr. Rush of the 51st:
A Resolution relative to protection of the Capitol Building and Grounds; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook

Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Ellis Evans Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Hawes Henderson

Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell

THURSDAY, FEBRUARY 27, 1969

1041

Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Northcutt Nunn Odoni Pafford Paris Parker, C. A. Parker, H. W. Patterson

Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Sims

Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilson Winkles Wood

Those voting in the negative were Messrs.

Jordan, G.

Williams

Those not voting were Messrs.:

Ballard Black Bostick Edwards Egan Ezzard Felton Gary

Grahl Hale Jones, M. Knowles Nessmith Pickard Pinkston Reaves

Roach Shanahan Simmons Vaughn Wamble Wilkerson Mr. Speaker

On the adoption of the Resolution, the ayes were 170, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th: A Bill to be entitled an Act relating to credit transactions and the crea tion of debt pursuant to a lender credit card arrangement and constititing the Lender Credit Card Act; and for other purposes.
By unanimous consent, further consideration of HB 413 was postponed until Monday, March 3, 1969, immediately after the period of unanimous consents.

1042

JOURNAL OF THE HOUSE,

HB 335. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend the Code of Georgia, as amended, so as to provide that the contracts, promissory notes and other con sensual transactions of certain disabled veterans shall be valid and binding; to provide that the deeds, security deeds and any other convey ances of property to or by certain disabled veterans shall be valid and binding; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Connell Conner Cook Cooper

Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason

THURSDAY, FEBRUARY 27, 1969

1043

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford

Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarborough Scarlett Shepherd Simkins

Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Bond Bostick Bo wen Buck Collier Conger DeLong Funk

Hale Hill, B. L. Howell Jones, M. Jordan, G. Knowles Longino Miles Pickard

Poole Rush Shanahan Sherman Simmons Thompson, R. Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Busbee of the 61st 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.

1044

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 28, 1969

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.

The following prayer was offered by Dr. J. Estill Jones, Pastor, First Baptost Church, Thomson, Georgia:

"Lord; We are in danger of losing our soul, the soul of America-- the soul of Georgia. Show us, Lord, that a man, a state, a nation cannot preserve the soul by clinging selfishly to it, but only by risking it for the right.
"Make us sensitive to the needs of others. Don't let us become impersonal. Save us from the security which threatens our freedom, from the lust which limits our love, from the mediocrity which prevents our best, from the myopia which clouds our vision.
"Merciful Father, grant to these thy servants wisdom and patience, skill and gentleness, Tightness and compassion, vision and dedication. Forgive as we forgive, lead us not into temptation. Deliver us from evil. In the name of Christ we pray,
AMEN."

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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.

FRIDAY, FEBRUARY 28, 1969

1045

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 on Thursday, February 27th, and fixed the calendar for today's business, Friday, February 28, 1969, and submits the following:
HB 163. Attorney's Fees; Interrogatories HB 168. Higher Education Assistance Authority HB 176. Higher Education Assistance Committee, Powers HB 212. Coastal Wetlands Protection Board, Create HB 319. Securities Act, Endowment Policies HB 320. Variable Annuity Contract, Define HB 329. Georgia Science and Technology Commission HB 334. Veterans Service Board, Discharge Certain Veterans HB 336. Veterans Service, Ambulance Service HR 128-341. Convey Easement, Barrow County HB 433. Higher Education Assistance Corporations, Loans HR 178-462. Convey Land, Bibb County HB 488. Sale of Fireworks HR 199-575. Convey Easement, Bibb County

1046

JOURNAL OP THE HOUSE,

The Speaker shall have the right to call the above Bills and Resolutions in nay order which he may desire.

Respectfully submitted, Busbee of the 61st, 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 657. By Messrs. Fallin, Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to create a new board of education of Colquitt County; to provide for a chairman and other members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.

HB 658. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Hospital) Act", so as to increase the amount of bonds which the authority may issue at any one time; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 659. By Messrs. Murphy of the 19th, Paris of the 14th Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Penal)) Act", so as to increase the amount of bonds which the authority may issue; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 660. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said county; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 28, 1969

1047

HB 661. By Messrs, Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable com pensation of the Clerk and employee of the Tax Commissioner of Dodge County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 662. By Messrs. Holder and Anderson of the 49th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 663. By Messrs. Holder and Anderson of the 49th. A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County, so as to change the compensation of the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 664. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell property in excess of $100.00 to said City must do so as a result of competitive bidding; to increase the number of city commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 665. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to amend an Act fixing the salaries of cer tain officers of Bleckley County, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 666. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to pro vide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to the Committee on Local Affairs.

1048

JOURNAL OF THE HOUSE,

HB 667. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act changing the method of compensation of the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.
Referred to the Committee on Local Affairs.

HB 668. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensating The Tax Receiver of Bleckley County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 669. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax commis sioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 670. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclusively; and for other purposes.
Referred to the Committee on Local Affairs.

HB 671. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the city of Hawkinsville to sell and convey a certain tract of land; and for other purposes.
Referred to the Committee on Local Affairs.

HB 672. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, so as to increase the salary limitation of the clerk or deputy of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 28, 1969

1049

HB 673. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 674. By Mr. Brantley of the 114th:
A Bill to be entitled an Act to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 675. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Candler County, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 676. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supple mental salary of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 677. By Messrs. Westlake and Davis of the 75th:
A Bill to be entitled an Act to prohibit any person from enrolling in or attending certain institutions of higher learning and receiving certain financial support from the State, who engages in certain conduct which disrupts orderly administration of any institution of higher learning in this State; and for other purposes.
Referred to the Committee on Education.

HB 678. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County . . .", so as to provide for the election of County Commissioners for a term of 4 years; and for other purposes.
Referred to the Committee on Local Affairs.

1050

JOURNAL OP THE HOUSE,

HB 679. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to provide for the compensation of the coro ners of all counties with populations of not less than 8,250 and not more than 8,350 according to the 1960 Federal Decennial Census or any future such census; and for other purposes.
Referred to the Committee on Local Affairs.

HB 680. By Messrs. Bowen and Rainey of the 47th: A Bill to be entitled an Act to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relat ing to the issuance of and security for the bonds of the Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 681. By Mr. Joiner of the 35th: 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 Washington (now Board of Commissioners of Washington County), so as to provide an expense allowance of $100 per month for each member of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 682. By Messrs. Northcutt, Gary and Lee of the 21st, Crowe of the 1st, Davis of the 75th, Longino of the 98th: A Bill to be entitled an Act to amend Code Chapter 79A-3, relating to drug inspectors, so as to provide that the chief drug inspector shall be under the direct supervision of the Joint Secretary, State Examining Board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
.HR 234-682. By Messrs. Chandler and Harrington of the 34th: A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Con trol Commission; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 235-682. By Mr. Paris of the 14th: A Resolution compensating Donald L. Wall; and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 28, 1969

1051

HR 236-682. By Mr. Lane of the 44th: A Resolution compensating Mr. John R. Lanier; and for other purposes.
Referred to the Committee on Appropriations.

HR 237-682. By Mr. Boss of the 26th:
A Resolution compensating Dr. Carl Willis Sherrer; and for other purposes.
Referred to the Committee on Appropriations.

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the inspection of public records; and for other purposes;", so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of per sonal privacy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 684. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to authorize the creation, with the State Division of Conservation, an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus and its political subdivisions pursuant to the United States "Land and Water Conservation Fund Act of 1965"; and for other purposes.
Referred to the Committee on State of Republic.

HB 685. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Wilcox County on a salary basis so as to change the expense allowance for said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 686. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to provide for and authorize the governing Authorities of counties having a population between 9,750 and 10,000 to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses pro hibited therein, and regulating the plans for development and improve ments on real estate therein; and for other purposes.
Referred to the Committee on Local Affairs.

1052

JOURNAL OP THE HOUSE,

HB 687. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Camden Recreation Commis sion as a commission and agency of the State Government; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 688. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Camden Recreation Authority as an instrumentality of the State and for other purposes.
Referred to the Committee on Special Judiciary.

HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th, Connell of the 79th, Dent of the 79th, Miles of the 78th and McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 690. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 691. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to change the compensation of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 692. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Crawford County, known as the fee system; to provide in lieu thereof an anual salary; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 28, 1969

1053

HB 693. By Messrs. Collins of the 72nd, Morris of the 73rd and Evans of the 81st:
A Bill to be entitled an Act to authorize each county governing author ity and each municipal governing authority to obtain and sell certain automobile name tags, which tags shall have the same color, size and shape of then current automobile license tags; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 247-693. By Mr. Paris of the 14th: A Resolution compensating Mr. Paul Williams; and for other purposes.
Referred to the Committee on Appropriations.

HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Jones of the 87th, Battle of the 90th and Gignilliat of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a popula tion of 150,000 and not more than 500,000, the term "municipality" used in said Act shall also mean "County"; and for other purposes.
Referred to the Committee on Judiciary.

HB 695. By Messrs. Battle of the 90th, Patterson of the 20th, Gary of the 21st, Dickinson of the 118th, Henderson of the 117th, and others:
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.

HB 696. By Mr. Battle of the 90th: A Bill to be entitled an Act to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.
Referred to the Committee on Industrial Relations.
By unanimous consent the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee on Appropriations:
HR 248-698. By Mr. Murphy of the 19th: A Resolution compensating Roger Crew; and for other purposes.

1054

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 635. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.

HB 636. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum compensation authorized for the clerk of the com missioner and the warden of the county public works camp; and for other purposes.

HB 637. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chat tooga County to the Civil and Criminal Court of Chattooga County; and for other purposes.

HB 638. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Chattooga County on a salary basis, so as to change the maximum amount which may be paid the deputy clerk; and for other purposes.
HB 639. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensation of the deputy tax commissioner; and for other purposes.
HB 640. By Mr. Ross of the 26th: A Bill to be entitled an Act to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Ga. L. 1968, p. 1702, and which was ratified by the voters of Lincoln County, so as to provide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1055

HB 641. By Messrs. Egan of the 116th, Atherton of the 117th, Dodson of the 82nd, Snow of the 1st, Miller of the 83rd and Jones of the 59th, and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to authorize counties to levy a local retail sales tax; to authorize municipalities to levy such tax under certain circumstances; and for other purposes.

HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.

HB 643. By Messrs. Ware, Mullinax, Blalock of the 30th, Longino of the 98th, Vaughn of the 74th, Conger of the 68th, Scarlett of the 67th and Floyd of the 7th:
A Bill to be entitled an Act to authorize residents of the State of Georgia to purchase shotguns and rifles from persons in states contigu ous to the State of Georgia under certain conditions; and for other purposes.

HB 644. By Messrs. Harrington and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Section 92-6912 relating to arbitration, so as to provide for an appeal of the arbitrators' decision to the superior court of the county in which the land lies by either the taxpayer or the Board of Tax Assessors under certain conditions; and for other purposes.

HR 227-644. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A Resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property located in Fulton County; and for other purposes.

HR 228-644. By Messrs. Dickinson of the 118th, Farrar, Thomason and Levitas of the 77th, Higginbotham, Felton, of the 75th, Dean of the 19th, Jordan of the 74th, McDaniell of the 117th and others:
A Resolution urging the Governor to take the necessary action to acquire title to a certain tract of property located in Sweetwater Valley in Douglas County, Georgia; and for other purposes.

1056

JOURNAL OP THE HOUSE,

HB 645. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to be entitled an Act to incorporate the City of Cohutta, Georgia, in the County of Whitfield; and for other purposes.

HB 646. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to create the Peach County Industrial Development Authority; and for other purposes.

HB 647. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, so as to authorize counties to levy taxes for the development of trade, commerce, industry and employment opportunities; and for other purposes.

HB 648. By Messrs. Rainey of the 47th, Dickinson of the 118th, Hargrett of the 58th, Mullinax of the 30th, Housley of the 117th and Colwell of the 5th:
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 certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; and for other purposes.
HB 649. By Messrs. Chandler and Harrington of the 34th, Colwell of the 5th, Harris of the 67th, Dailey of the 53rd, Black of the 45th, Roach of the 10th, Rush of the 51st, Edwards of the 45th and Nessmith of the 44th:
A Bill to be entitled an Act to create the State Properties Division as a part of the Office of the Secretary of State; and for other purposes.
HB 650. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to prohibit the advertisement of the price or quality of any prescribed ophthalmic material, prescription lenses, mountings, frames or contact lenses; and for other purposes.

HR 229-650. By Mr. Harris of the 77th: A Resolution compensating Mr. J. L. Blackstock; and for other purposes.

HR 230-650. By Mr. Burruss of the 117th: A Resolution compensating Mrs. Betty Smith; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1057

HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employment benefits and retirement plans, and to author ize the funding of same in whole or in part; and for other purposes.

HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Collins of the 72nd:
A Bill to be entitled an Act to amend an Act relating to the introductions of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain retire ment systems; and for other purposes.

HB 653. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to change certain pro visions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Ex aminers of Plumbing Contractors; and for other purposes.

HB 654. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors and providing the Board's powers, so as to provide that persons who are currently and efficiently engaged in the vocation of Plumber shall not have to take the examina tion required by this Act if satisfactory evidence as to qualifications is presented to and accepted by the Board on or before October 15, 1969; and for other purposes.

HB 655. By Messrs. Lane of the 44th, Hargrett of the 58th, Holder of the 49th, Parker of the 44th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to add to the titles of those practicing medicine "D. O." and "Doctor of Osteopathy"; and for other purposes.

HB 656. By Mr. Ware of the 30th:
A Bill to be entitled an Act to amend Code Section 56-1005, relating to diversification of investments of insurers, so as to change the minimum percentage of certain reserves which shall be invested in securities other than common stocks; and for other purposes.

1058

JOURNAL OF THE HOUSE,

HR 231-656. By Messrs. Howell of the 60th, Brooks of the 17th, Knapp of the 81st, Lewis of the 37th, Matthews of the 63rd and many others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to classify property for taxation pur poses; and for other purposes.

HR 232-656. By Mr. Brooks of the 17th: A Resolution compensating Mrs. Hollis Carrington; and for other pur poses.
HR 233-656. By Mr. Brooks of the 17th: A Resolution compensating Mr. J. M. Akins; and for other purposes.
SB 96. By Senator Chapman of the 32nd: A Bill to be entitled an Act to amend an Act approved March 14, 1963, so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age; and for other purposes.

SB 113. By Senators Dean of the 6th, Eldridge of the 7th, Rowan of the 8th and others: A Bill to be entitled an Act to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to change the maximum rate of sales of tobacco at any warehouse; and for other purposes.
SB 114. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Chapter 92-69, relating to the powers and duties of county boards of tax assessors, so as to provide that the board shall record and file the valuation fixed and assessed on corrected returns; and for other purposes.
SB 125. By Senators Vann of the 10th, Carter of the 14th, Holloway of the 12th, and Andrews of the 49th: A Bill to be entitled an Act to amend Code Section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1059

SB 126. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize insurance coverage of all of the employees of the State of Georgia, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; and for other purposes.

SB 141. By Senator Vann of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to eliminate the provisions requiring that each brand and grade of commercial fertilizer must be registered before being sold, distributed or offered for sale; and for other purposes.

SB 157. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; and for other purposes.

SB 162. By Senators Maclntyre of the 40th and Garrard of the 37th:
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 indicate which public bodies said Authority may contract with pertaining to its purposes; and for other purposes.

SB 182. By Senator Trippe of the 31st: A Bill to be entitled an Act to amend an Act entitled "An Act to au thorize the investment from time to time of the proceeds of bonds issued by any county, etc.; to define the securities in which such funds may be invested; etc.", so as to authorize the investment of bond proceeds in additional types of investments; and for other purposes.
SB 184. By Senator Trippe of the 31st: A Bill to be entitled an Act to amend Code Section 108-417, relating to investments by trustees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; and for other pur poses.
SB 190. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law", so as to provide for the conversion of a regulated certificated bank into a State chartered bank; and for other purposes.

1060

JOURNAL OF THE HOUSE,

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 113. Do Pass.

Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Chandler of the 34th, 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 Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 130. Do Pass. SB 175. Do Pass. SB 174. Do Pass. SB 173. Do Pass. SB 148. Do Pass. SB 145. Do Pass as Amended.
Respectfully submitted, Chandler of the 34th, Chairman.

FRIDAY, FEBRUARY 28, 1969

1061

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations
HB 188. Do Pass by Substitute.

Respectfully submitted, Melton of the 32nd, Chairman.
Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 246. "Do Not Pass".
Respectfully submitted, Melton of the 32nd, Chairman.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 615. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act incorporating the Town of Alto, as amended, so as to authorize the Mayor and Council of the Town of Alto to levy a tax of not more than 20 mills on all property within the corporate limits of said town; and for other purposes.

1062

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 619. By Messrs. Bennett, Reaves and Barfield of the 71st: A Bill to be entitled an Act to amend the charter of the City of Valdosta as set forth in the Act to the General Assembly of Georgia incorporating said city, so as to alter the corporate limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 621. By Messrs. Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th: A Bill to be entitled an Act to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; and for other purposes.
The report of the Committee, which favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 28, 1969

1063

HB 622. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in 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 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 623. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation of the sheriff and ordinary of Haralson County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 624. By Messrs. Murphy and Dean of the 19th: A Bill to be entitled an Act to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commissioner of Haralson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1064

JOURNAL OF THE HOUSE,

HB 625. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Walker County upon an annual salary, so as to provide that the sheriff shall have the authority to place orders for the purchase of certain supplies, equipment and materials; and for other purposes.

The report 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 628. By Messrs. Adams of the 100th, Brantley of the 114th, Gates and Horton of the 95th, Ezzard of the 102nd, Marcus of the 105th and others:
A Bill to be entitled an Act to amend Fulton County Civil Service Board Act to change compensation of members of said Civil Service 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.

HB 631. By Messrs. Salem and Rush of the 51st: A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, as amended, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 28, 1969

1065

HB 632. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, as amended, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 633. By Messrs. Jones, Pickard, Thompson and Buck of the 84th, Berry of the 85th and Davis of the 86th:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said County, and the Muscogee County Airport; and for other purposes.

The report 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 634. By Mr. Brooks of the 17th: A Bill to be entitled an Act to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1066

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the House, to wit:

HB 73. By Mr. Shanahan of the 8th:
A Bill to amend an Act entitled "An Act to provide for the terms of the Superior Courts of the Counties of the Cherokee Judicial Circuit . . . ", so as to change the terms of the Gordon County Superior Court; and for other purposes.

HB 249. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to create a new charter for the City of Rossville in the County of Walker; and for other purposes.

HB 267. By Messrs. McDaniell, Wilson, Housley, Burruss, Atherton, Henderson, and Kreeger of the 117th:
A Bill to change the boundaries of the seven Education Districts of the Cobb County School District; and for other purposes.

HB 273. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system, so as to change the provisions relating to compensation; and for other purposes.

HB 275. By Messrs. Roach, Poole and Harris of the 10th:
A Bill to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, so as to change the compensation of the clerk serving the office of the commissioner of roads and revenues for Cherokee County; and for other purposes.

HB 305. By Mr. Lewis of the 37th:
A Bill to amend an Act establishing the City Court of Waynesboro, so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1067

HB 306. By Mr. Lewis of the 37th:
A Bill to provide the Clerk of the Superior Court of Burke County a salary in addition to the fees and other compensation he is entitled to receive by law; and for other purposes.

HB 307. By Mr. Lewis of the 37th: A Bill to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensa tion of the Ordinary of Burke County; and for other purposes.
HB 338. By Mr. Paris of the 14th: A Bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes.
HB 365. By Messrs. Roach, Harris and Poole of the 10th: A Bill to provide that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years; and for other purposes.
HB 379. By Mr. Bowen of the 47th: A Bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation so as to change the compensation which may be paid to the deputy sheriff; and for other purposes.
HB 393. By Mr. Lewis of the 37th: A Bill to amend an Act abolishing the fee system of compensation for the sheriff of Burke County, so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one additional deputy; and for other purposes.
HB 408. By Messrs. Bennett, Barfield and Reaves of the 71st: A Bill to amend an Act relating to the Echols County Commissioners, so as to provide for compensation for each of the Echols County Commissioners and for the County Attorney at the rate of $75.00 per month; and for other purposes.

1068

JOURNAL OF THE HOUSE,

HB 417. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to change the qualifications for ordinaries in certain counties of this State; and for other purposes.

HB 420. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system; so as to change the fee system; so as to change the provisions relating to the compensa tion of the sheriff; and for other purposes.

HB 421. By Messrs. Matthews, Bostick, and Fallin of the 63rd:
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, so as to change the provisions relating to the compensation of said officers; and for other purposes.

HB 422. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A Bill to vest in the tax commissioner of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi.fas. issued by such tax commissioners, to make levy of such fi fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.

HB 423. By Messrs. Matthews, Bostick, and Fallin of the 63rd:
A Bill to amend an Act creating a Board of Commissioners for Cook County, so as to change the compensation of the chairman and other members of said Board; and for other purposes.

HB 424. By Mr. Poole of the 10th:
A Bill to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing authority of said county; and for other purposes.
HB 430. By Messrs. Whaley of the 93rd, Jones of the 87th, Gignilliat of the 89th and others:
A Bill to amend an Act incorporating and creating a charter for the City of Port Wentworth, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Commonwealth Avenue and an unnamed street, which runs Northwest from Phillips Avenue to U. S. Coastal Highway 17; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1069

HB 444. By Mr. Paris of the 14th:
A Bill to amend an Act creating a board of commissioners for Barrow County, so as to change the provisions relating to the compensation of the clerk of the Board of county commissioners; and for other purposes.

HB 449. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A Bill to amend an Act creating a new charter for the City of Macon, so as to authorize the City of Macon to convey to the First National Bank & Trust Company in Macon title in and to the air space above a certain tract of land; and for other purposes.

HB 462. By Messrs. Paris of the 14th, Barber of the 15th, Mauldin and Milford of the 12th:
A Bill to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.

HB 471. By Mr. Hadaway of the 27th:
A Bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County, so as to change the salary of said sheriff; and for other purposes.

HB 472. By Mr. Hadaway of the 27th:
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 475. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to create the Coosa Valley Area Vocational Technical School System; to provide for a Board of Trustees of said System; to provide for the powers and duties of the Board of Trustees; and for other purposes.

HB 478. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to amend an Act creating a new charter for the City of Rome, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance com panies; and for other purposes.

1070

JOURNAL OF THE HOUSE,

HB 480. By Messrs. Bostick and Matthews of the 63rd:
A Bill to amend an Act placing the Ordinary of Tift County upon a salary in lieuo f a fee basis so as to increase the salary of the Ordinary of Tift County from $8,000 per annum to $9,000 per annum; and for other purposes.

HB 481. By Messrs. Bostick and Matthews of the 63rd:
A Bill to amend an Act placing the sheriff of Tift County on a salary basis; so as to change the total amount of compensation to be paid deputies, jailers, clerks, and assistants, and for other purposes.

HB 482. By Messrs. Mason and Nash of the 13th:
A Bill to amend an Act creating the Gwinnett Judicial Circuit, so as to provide for an Investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; and for other purposes.

HB 483. By Messrs. Rainey and Bowen of the 47th:
A Bill to amend an Act establishing a. City Court in the City of Sylvester in Worth County, so as to provide that the judge of said court may engage in the general practice of law in all courts except the City Court of Sylvester; and for other purposes.

HB 486. By Mr. McCracken of the 36th:
A Bill to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to change the provisions relative to the employment of deputies; and for other purposes.

HB 487. By Mr. McCracken of the 36th:
A Bill to amend an Act entitled "An Act to fix the compensation for the members of the board of roads and revenues of Jefferson Coun ty ....", so as to change the compensation of the commissioners; and for other purposes.

HB 494. By Messrs. Vaughn and Jordan of the 74th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), so as to change the salary of said Commissioners; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1071

HB 495. By Messrs. Vaughn and Jordan of the 74th:
A Bill to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 496. By Messrs. Vaughn and Jordan of the 74th:
A Bill to fix the compensation of the clerk of the Superior Court of Rockdale County; and for other purposes.

HB 497. By Messrs. Vaughn and Jordan of the 74th:
A Bill to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to change the salary of said sheriff, and the salaries of his deputies; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 301. By Mr. Peters of the 2nd: A Bill to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the salary of the sheriff; and for other purposes.
HB 439. By Mr. Bray of the 31st: A Bill to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other pur poses.
HB 253. By Mr. Shanahan of the 8th: A Bill creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, so as to change the compensation of the said Commissioner; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

1072

JOURNAL OF THE HOUSE,

SB 77. By Senator Johnson of the 38th:
A Bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta" approved Sept. 6, 1891, as amended by an Act ap proved February 23, 1935, as amended, so as to fix the salaries of the assistant solicitors general and the first assistant solicitor general of said court; and for other purposes.

SB 78. By Senator Johnson of the 38th:
A Bill to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County; and for other purposes.

SB 79. By Senator Johnson of the 38th:
A Bill to amend an Act entitled "An Act to provide for the compensation of the Sheriff of certain Counties, etc." so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.
SB 154. By Senator Kennedy of the 4th:
A Bill to amend an Act establishing the City Court of Claxton, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 176. By Senator Maclntyre of the 40th:
A Bill to amend an Act creating a new charter for the City of Alpharetta, as amended, so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 179. By Senators Chapman of the 32nd, Hardy of the 56th, and Fincher of the 54th:
A Bill to provide for the necessary consents for the treatment of minors for venereal disease; to repeal laws in conflict herewith; and for other purposes.
SB 188. By Senator Zipperer of the 3rd: A Bill to amend an Act creating a new charter for the City of Guyton, approved Mar. 10, 1933, and amendatory Acts thereto, providing for the qualifications of Mayor and fixing the salary of City officials; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1073

SB 191. By Senator Bateman of the 27th:
A Bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Ga.; to fix the amount of such supplemental salaries; and for other purposes.

SB 196. By Senator London of the 50th: A Bill to abolish the present mode of compensating the ordinary of Fannin County known as the fee system; to provide in lieu thereof an annual salary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 197. By Senator London of the 50th: A Bill to abolish the present mode of compensating the clerk of the superior court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; and for other purposes.
SB 199. By Senator Kennedy of the 4th: A Bill to amend an Act establishing the City Court of Claxton, ap proved Aug. 18, 1919 as amended, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th, and others: A Bill to amend an Act entitled an Act to establish a method for provid ing fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four (4) ; and for other purposes.
SB 206. By Senators Johnson of the 38th; Coggin of the 35th, Stephens of the 36th, and others: A Bill to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; to provide a uniform method for making assessments; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, and Senate, to-wit:

1074

JOURNAL OF THE HOUSE,

HB 384. By Mr. Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Hill of the 94th, Gignilliat of the 89th and others:
A Bill to amend an Act incorporating the Town of Vernonburg, so as to annex to the town of Vernonburg certain real estate lying contiguous thereto; and for other purposes.

SB 178. By Senator Chapman of the 32nd:
A Bill to amend an Act providing for the licensing of practical nurses, as amended, so as to provide that applicants for a license to practice as a practical nurse need not be a citizen of the United States; and for other purposes.

:SB 181. By Senator Kidd of the 25th:
A Bill to provide that it shall be unlawful for a person to force his lessee, agent or franchise dealer to purchase game promotions; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on State of Republic:

HB 647. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, as amended, so as to authorize counties to levy taxes for the development of trade, com merce, industry and employment opportunities; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 47. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to authorize the judge of any court having jurisdiction over the criminal offense and accused or defendant involved to order proper authorities to release the criminal accused or defendant on a bond signed by any responsible resident of the county, etc.; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1075

The following Senate substitute was read:

The Senate Judiciary Committee substitute to House Bill 47:

A BILL
To be entitled an Act to authorize the judge of any court having jurisdiction over any person charged with committing an offense against the criminal laws of this State to release said person upon his own recognizance only; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1. The judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this State shall have authority, in his sound discretion and in appropriate cases, to authorize the release of such person upon his own recognizance only.
SECTION 2. Upon failure of such person to appear for trial, and if not otherwise conditioned by the court, the court may summarily issue an order for his arrest which shall be enforced as in cases of forfeited bonds.
SECTION 3. The provisions of this Act are cumulative of existing laws.
SECTION 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Geisinger of the 72nd moved that the House agree to the Senate sub stitute.
On the motion to agree, the ayes were 98, nays 0.
The motion prevailed and the Senate substitute to HB 47 was agreed to.

1076

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the following Eesolution of the Senate, to-wit:

SR 88. By Senator Coggin of the 35th:
A Resolution relative to adjournment 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:

HB 320. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts;; and for other purposes.

The following amendment was read and adopted:

Mr. McClatchey of the 113th moves to amend HB 320 by changing the date "December 31, 1969" in Section 3 to "December 1, 1969".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bell Berry

Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks

Brown, B. D. Buck Burruss Games Gates Chandler Clarke Cole

Collins, S. Colwell Connell Conner Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egans Ellis Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham
Holder
Hood

FRIDAY, FEBRUARY 28, 1969

1077

Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford

Paris Parker, C. A. Patterson Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Shepherd Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Westlake Whaley Wheeler, J. A.
Winkles
Williams
Wilson
Wilkerson
Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Blalock Bray Brown, C. Busbee Caldwell Cato Collier Collins, M. Conger

Cook Crowe DeLong Fallin Farmer Funk Gary Grahl Hadaway Hale Harris, R. W. Hawes

Hill, B. L. Hill, G. Howell Knowles Lambert Lee, W. J. (Bill) Lee, W. S. Lewis Longino Maxwell McDaniell Melton

1078
Odom Parker, H. W. Peters Phillips, L. L. Pickard

JOURNAL OF THE HOUSE,

Rainey Ross Shanahan Sherman Simmons

Snow Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 320, as amended, was ordered immediately transmitted to the Senate.

Mr. Ross of the 26th could not record his vote due to mechanical failure, but wished to be recorded as voting "aye" on HB 320, as amended.

HB 319. By Mr. McClatchey of the 113th:
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 or variable annuity contracts which shall not con stitute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.

The following amendment was read and adopted:

Mr. McClatchey of the 113th moves to amend HB 319 as follows:

By changing the number of Section 2 to Section 3, and adding a new Section 2 to read as follows:

"This Act shall take effect December 1, 1969."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

FRIDAY, FEBRUARY 28, 1969

1079

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Caldwell Games Gates Cato Chandler Clarke Cole Collins, M. Colwell Conger Connell
Conner
Cooper
Crowe
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dickinson
Dixon
Dodson
Dorminy
Douglas
Edwards
Ellis
Evans
Ezzard
Fallin

Farrar Felton Floyd, J. H. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M.
Jordan, H. S.
Keen
Keyton
Knapp
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Lee, W. J. (Bill)
Leonard
Levitas
Lowrey
Marcus
Mason
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Merritt

Miles Milford Miller Moate Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Shepherd
Sherman
Simkins
Sims
Smith, J. R.
Smith, V. T.
Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Wamble
Westlake
Whaley
Wheeler, J. A.
Winkles
Williams
Wilson
Wood

1080

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Ballard Barfield Bell Bennett Blalock Brown, C. Busbee Collier Collins, S. Cook DeLong Egan Farmer Ployd, L. R. Grahl

Hadaway Hale Hill, B. L. Hill, G. Howell Johnson Jordan, G. Knowles Lee, W. S. Lewis Longino Matthews, C. Matthews, D. R. Melton Morris

Odoni Parker, H. W. Peters Phillips, L. L. Pickard Rainey Ross Shanahan Simmons Townsend Vaughn Ware Wheeler, Bobby Wilkerson 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. Ross of the 26th could not record his vote due to mechanical failure, but wished to be recorded as voting "aye" on HB 319, as amended.

By unanimous consent, HB 319, as amended, was ordered immediately transmitted to the Senate.

HB 336. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A bill to be entitled an Act to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, so as to authorize said Department to also transport Georgia veterans to, from, and between facilities operated by the Veterans Service Board for the care and treatment of veterans; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 28, 1969

1081

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 Atherton Barber Battle Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Caldwell Carnes Gates Cato Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Farrar

Felton Floyd, J. H. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford

Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peterson Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler Winkles Wilkerson Williams Wilson Wood

1082

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Ballard Barfield Bell Bennett Blalock Brown, C. Busbee Chandler Cook DeLong Dixon Egan Fallin Farmer Floyd, L. R. Grahl

Hadaway Hale Harrington Hill, B. L. Hill, G. Howell Jones, M. Jordan, G. Knowles Lee, W. S. Lewis Longino Matthews, C. Matthews, D. R. Melton Nash

Odom Parker, H. W. Peters Phillips, L. L. Piekard Rainey Ross Shanahan Sherman Simkins Sweat Vaughn Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Ross of the 26th could not record his vote because of mechanical failure, but wished to be recorded as voting "aye" on HB 336.

HR 178-462. By Messrs. Dodson of the 82nd, Scarborough, Pinkston and Evans of the 81st and Miller of the 83rd:
A Resolution authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 110, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 28, 1969

1083

HR 199-575. By Messrs. Dodson of the 82nd, Knapp, Evans and Pinkston of the 81st:
A Resolution authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brooks Brown, B. D. Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G.

Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee Leonard Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Merritt Milford Miller Moate Moore Mullinax

1084
Murphy Naish Nessmith Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole

JOURNAL OF THE HOUSE,

Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, V. T.

Snow Sorrells Sweat Thomason Toles Vaughn Wamble Westlake Whaley Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those voting in the negative was Mr. Levitas.

Those not voting were Messrs.:

Ballard Barfield Bell Bennett Blalock Bray Brown, C. Busbee Cook DeLong Egan Fallin Farmer

Funk Hale Hamilton Hill, B. L. Jones, M. Knowles Lambert Lee, W. S. Lewis Matthews, C. Matthews, D. R. Melton Miles

Morris Northcutt Odorn Pickard Shanahan Simmons Smith, J. R. Thompson, A. W. Thompson, R. Townsend Ware Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 334. By Messrs. Ware of the 30th, Dean of the 19th, Gignilliat of the 89th, Russell of the 70th, Wood of the llth and Berry of the 85th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1085

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Barber Battle Bell Berry Black Bond Bostick Bowen Brantley, H. H. Brooks Brown, B. D. Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dixon Dodson Douglas Edwards Ellis Evans

Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen
Keyton Knapp Kreeger Lane, Dick Lane, W. R.
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus

Mason Mauldin Maxwell McClatchey McCracken McDaniell Merritt Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells

1086

JOURNAL OF THE HOUSE,

Sweat Thomason Thompson, A. W. Thompson, R. Toles

Wamble Westlake Whaley Wheeler, J. A. Wilkerson

Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Blalock Bohannon Brantley, H. L. Bray Brown, C. Busbee Connell Cook Dailey DeLong Dorminy Egan Pallin

Farmer Funk Grahl Hale Hawes Henderson Hill, B. L. Howell Joiner Jones, M. Knowles Lambert Lewis Matthews, C. Matthews, D. R. Melton

Miles Miller Moate Parker, H. W. Pickard Rainey Shanahan Simmons Snow Townsend Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 128-341. By Mr. Paris of the 14th:
A Resolution authorizing the Governor, on behalf of the State of Georgia, to convey to Plantation Pipe Line Company a certain easement across certain lands of Fort Yargo State Park in Barrow County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 28, 1969

1087

HB 168. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Authority; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Education moves to amend HB 168 by adding to Section 13 at the beginning of the Section (after the title of the Section) the words:
"Except as to residency,".

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.

Adarns Alexander Anderson Atherton Barber Battle Bell Berry Black Bohannon Bond Bo stick Bowen Brantley, H. L. Brooks Brown, B. D. Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, S. Colwell Conger

Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dixon Dodson
Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger

Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G.

1088

JOURNAL OF THE HOUSE,

Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate

Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Ross Rowland Rush

Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Williams Wilson Winkles

Those not voting were Messrs.:

Ballard Barfield Bennett Blalock Brantley, H. H. Bray Brown, C. Buck Burruss Collier Collins, M. Conner Dailey

Dean, J. E. Dent Egan Punk Hale Hill, B. L. Howell Jones, M. Knowles Lambert Lee, W. J. (Bill) Lewis Longino

Miles Pickard Rainey Reaves Roach Shanahan Simmons Snow Thompson, R. Vaughn Wheeler, Bobby Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 156, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 168, as amended, was ordered immediately trans mitted to the Senate.

FRIDAY, FEBRUARY 28, 1969

1089

HB 176. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43:
A Bill to be entitled an Act to amend an Act creating the "Georgia Higher Education Assistance Committee", so as to confer upon the Committee additional powers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Barber Battle Bell Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collins Colwell Conger Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E.

Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L.

Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus ;; Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey/ McCracken McDaniell Melton Merritt

1090
Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S.

JOURNAL OF THE HOUSE,

Phillips, W. R. Pinkston Poole Potts Reaves Ross Rowland Rush Russell Salem Scarborough Scarlett
Shepherd Sherman Simkins Simmons Sims

Smith, V. T. Sorrells
Sweat Thomason Thompson, A. W.
Toles Townsend Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs.:

Ballard Barfield Bennett Blalock Brooks Brown, C. Buck Clarke Collier Collins, M. Conner Dailey

Dent Funk Hale Harris, R. W. Howell Jones, M. Knowles Lambert
Lewis Miles Miller Odom

Parker, H. W. Phillips, L. L. Pickard Rainey Roach Shanahan Smith, J. R. Snow Thompson, R. Vaughn Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 176 was ordered immediately transmitted to the Senate.

HB 163. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 38-2111, relating to the refusal to make discovery and the consequences thereof, so as to provide for reasonable attorneys' fees for delay in answering inter rogatories under certain circumstances; and for other purposes.

FRIDAY, FEBRUARY 28, 1969

1091

The following- Committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to provide for reasonable attorney's fees for a delay in answering interrogatories under certain, circumstances; 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, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, approved March 18, 1966, (Ga. Laws 1966, p. 609), as amended, is hereby amended by adding at the end of subsection (a) of Section 37 the following:

"If after the filing of the motion but before the hearing thereon, the refusing party then answers the interrogatories, the court, upon a finding that the delay in answering was without substantial justification, may require the delaying party or deponent and the party or attorney advising the delay or either of them to pay to the examining party the amount of the reason able expenses incurred in filing the motion, including reasonable attorney's fees.",

so that when so amended subsection (a) of Section 37 shall read as follows:

(a) Refusal to answer.--If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court in the county where the deposition is taken for an order compelling an answer. Upon the refusal of a deponent to answer any inter rogatory submitted under section 31 or upon the refusal of a party to answer any interrogatory submitted under section 33 the pro ponent of the question may on like notice make like application for such an order. If the motion is granted and if the court finds that the refusal was without substantial justification the court shall require the refusing party or deponent and the party or attorney advising the refusal of either of them to pay to the

1092

JOURNAL OF THE HOUSE,

examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied and if the court finds that the motion was made without substantial justification, the court shall require the examining party or the attorney advising the motion or both of them to pay to the refusing party or witness the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees. If after the filing of the motion but before the hearing thereon, the refusing party then answers the interrogatories, the court, upon a finding that the delay in answer ing was without substantial justification, may require the delaying party or deponent and the party or attorney advising the delay or either of them to pay to the examining party the amount of the reasonable expenses incurred in filing the motion, including reason able attorney's fees."

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.

Oh the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Thbse voting in the affirmative were Messrs.:

Adams Alexander Anderson Athertoii Barber Battle Bell Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brooks Brown, B. D. Burruss Busbee Caldwell Carnes

Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. F. Dean, N. DeLong Dent Dickinson Dixon

Dodson Douglas Edwards Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington

FRIDAY, FEBRUARY 28, 1969

1093

Harris, J. F. Harris, J. R. Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen Keyton
Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Northcutt Nunn
Odom Pafford Paris Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole

Potts Reavek > Roach Ross Rowland
Rush Russell Scarborough
Scarlett Shanahan Shepherd Sherman Simkins Simmons Smith, J. R. Smith, V. T. : Sorrells Sweat Thomason Thompson, A. W.
Toles Wamble Ware Westlake Whaley Wheeler, J. A. Winkles ! Williams Wilson Wood

Those not voting were Messrs. :

Ballard
Barfield Bennett Blalock Brantley, H. L. Brown, C. Buck
Gates Collier Conner Dailey Dorminy Egan Floyd, J. H.

Funk Geisinger Hale Harris, R. W. Harrison Henderson Holder Howell Jones, M. Knowles Lambert Lewis Longino Miles

Nessmith Parker, C. A. Parker, H. W. Pickard Rainey Salem Sims Snow Thompson, R. Townsend Vaughn Wheeler, Bobby Wilkerson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

By unanimous consent, HB 163, by substitute, was ordered immediately transmitted to the Senate.

HB 329. By Messrs. Matthews of the 16th and Barber of the 15th:
A Bill to be entitled an Act to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.

By unanimous consent, further consideration of HB 329 was postponed until Monday, March 3, 1969, immediately after the period of unanimous consents.

HB 433. By Messrs. Barber of the 15th, Russell and Keyton of the 70th and Smith of the 43rd:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, as amended, so as to increase the surety bond required of the Executive Director of the Corporation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Berry Black Bohannon Bond Bostick Bowen Brown, B. D. Burruss Carnes Cato Chandler Clarke Cole

Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dodson Dorminy Douglas

Edwards Evans Ezzard Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R.

Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen. Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason

FRIDAY, FEBRUARY 28, 1969

1095

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northeutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L. Pinkston Poole

Potts Reaves Ross Rowland Salem Scarborough Shepherd Sherman Simkins Simmons
Sims Smith, J. R. Smith, V. T. Snow
Sweat Thomason Thompson, A. W. Toles Wamble Westlake Whaley Wheeler, J. A. Williams Wilson Wilkerson Winkles
Wood

Those not voting were Messrs. :

Ballard Barfield Bell Bennett Blalock Brantley, H. H. Brantley, H. L. Bray Brooks
Brown, C. Buck Busbee Caldwell Gates Collins, M. Dean, J. E. DeLong Dickinson Egan

Ellis Tallin Funk Gary Geisinger Hale Harris, R. W. Howell Hudson Jones, C. M. Jones, M. Keyton Knowles Lambert Lee, W. J. (Bill) Lewis McCracken Melton Miles

Parker, H. W. Phillips, G. S. Phillips, W. R. Pickard Rainey Roach Rush Russell Scarlett Shanahan Sorrells Thompson, R. Townsend Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 140, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

1096

JOURNAL OF THE HOUSE,

The following Resolution of the Senate was read:

SR 88. By Senator Coggin of the 35th:

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES CONCURRING, that the General Assembly do adjourn on February 28, 1969, at 2:00 o'clock p.m. and reconvene on March 3, 1969, at 10:00 o'clock a.m.

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 Atherton Barber Battle Bell Berry Black Bohannon Bond Bray Brooks Brown, B. D. Burruss Games Cato Chandler Clarke Cole Collier Collins, S. Colwell Conger Connell Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Geisinger Gignilliat Grahl Graves Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham
Hill, B. L.

Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Merritt Milford Miller

Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters

FRIDAY, FEBRUARY 28, 1969

1097

Peterson Phillips, L. L. Pinkston Poole Potts Reaves Roach Rowland Salem Scarborough Shepherd Sherman Simkins Smith, J. R. Smith, V. T.

Snow Sweat Thomason Thompson, A. W. Toles Westlake tVhaley Wheeler, J. A. Winkles Williams Wilson Wilkerson Wood

Those voting in the negative were Messrs.:

Anderson

Bowen

Leonard

Those not voting were Messrs.:

Ballard Barfield Bennett Blalock Bo stick Brantley, H. H. Brantley, H. L. Brown, C. Buck Busbee Caldwell Gates Collins, M. Conner
Dean, J. E. Dickinson Egan Ellis Funk

Gaynor Gunter Hadaway Hale Harris, R. W. Holder Howell Jones, C. M. Jones, M. Keyton Knowles Lambert Lewis McClatchey McCracken Melton Miles Parker, H. W. Phillips, G. S.

Phillips, W. R. Pickard Rainey Ross Rush Russell Scarlett Shanahan Sims Simmons Sorrells Thompson, R. Townsend Vaughn Wamble Ware Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 136, nays 3.

The Resolution was adopted.

Mr. Harris of the 77th moved that pursuant to the provisions of SR 88, adopted by the House and Senate, the House do now adjourn until 10:00 o'clock, Monday morning, March 3, 1969, and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning, March 3,1969.

1098

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 3, 1969

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. Wade Hampton Bell, Pastor, First Presbyterian Church, Valdosta, Georgia:
"0, Lord; I stand before Thee now, to ask for Thy blessings to rest upon this body of government, so that through it, the people of this State may be blessed.
"Father, the citizens are praying for these Representatives. These prayers are imperfect--a mixture of selfishness, good and bad--our prayers are imperfect. But Thy people are praying and join in com mon cry for these Thy servants in government--asking on their behalf Thy help and guidance.
"Thus Father, as this House now meets the business of the day, grant unto its members, in the deliberation and the debate--the decisions and the vote, wisdom and dedication, imagination and con viction, loyalty and courage, Thy guidance and counsel, that the ac complishments of this body might be pleasing to God and helpful to man.
"For we pray in our Lord's name,
AMEN."

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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:

MONDAY, MARCH 3, 1969

1099

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 3, 1969, and submits the following:

HB

1. Mentally 111, Hospitalization.

HB

86. Criminal Trials, Compellable Witness.

HB 239. Charitable Institutions, Members Duties.

HB 274. Blue Ridge Judicial Circuit, Court Reporter.

HB 317. Board of Correction, Employment.

HB 329. Georgia Science and Technology Commission PP.

HB 352. Legislative Services Committee, Duties.

HB 381. Municipal Elections, Non-Partisan Primaries--Reconsidered.

HB 407. Southern Judicial Circuit, Additional Judge.

HB 413. Lender Credit Card Act. PP.

HB 452. Unliquidated Damages, Limitations.

HR 181-470. Expressing Opposition to Ban Cigarette Advertising

HB 488. Sale of Fireworks.

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JOURNAL OF THE HOUSE,

HB 559. Voting Rights Act, Elections.

HB 560. County School Superintendents, Vacancies.

HB 561. Office of Ordinary, Filling Vacancies.

HR 196-565. Constitutional Amendments, Effective Date.

HB 572. Motor Vehicle Operator, Arrest.

HB 593. Corporation Code, Amend.

HR 222-603. Flame of Freedom, Placed on Capitol Grounds.

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 61st, 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 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd: A Bill to be entitled an Act to amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.
Referred to the Committee on Agriculture.
HB 698. By Messrs. Geisinger and Collins of the 72nd, Westlake, Floyd, Davis and Higginbotham of the 75th, Farrar, Thomason, Levitas and Harris of the 77th, Jordan of the 74th, Bell and Morris of the 73rd and Dean of the 76th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; to provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, MARCH 3, 1969

1101

HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd:
A Bill to be entitled an Act to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other matters connected with the foregoing; and for other purposes.
Referred to the Committee on Local Affairs.

HB 700. By Messrs. Graves, Lowrey and Toles of the 9th: A Bill to be entitled an Act to authorize and effectuate the establish ment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.
Referred to the Committee on Local Affairs.
HB 701. By Messrs. Roach and Poole of the 10th: A Bill to be entitled an Act to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HR 249-701. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th, Parker of the 46th, Howell of the 60th, Leonard of the 3rd, Connell of the 79th, Bohannon of the 20th, Bray of the 31st, Nunn of the 41st and Scarborough of the 91st: A Resolution creating the Joint Election Laws Study Committee; and for other purposes.
Referred to the Committee on State of Republic.
HR 250-701. By Mrs. Merritt of the 46th: A Resolution authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.
Referred to the Committee on Highways.
HB 702. By Messrs. Atherton of the 117th, Miller of the 83rd, Horton of the 95th and Mrs. Hamilton of the 112th: A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to authorize the General Assembly to appropriate specific amounts to the State Board of Probation for use in making grants to counties supporting independent adult probation systems, etc.; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OP THE HOUSE,

HB 703. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to permit a corresponding reduction in the amount of any bond required of any fiduciary; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 705. By Messrs. Pinkston, Evans, Keen, Scarborough and Knapp of the 81st, Miller of the 83rd, and Dodson of the 82nd:
A Bill to be entitled an Act to provide for a Board of Election in Bibb County, Georgia; and for other purposes.
Referred to the Committee on Local Affairs.

HR 251-705. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th, Clarke of the 33rd and Maxwell of the 78th:
A Resolution creating the Georgia Commission for the National Bicentennial Celebration; and for other purposes.
Referred to the Committee on State of Republic.

HR 252-705. By Messrs. Maxwell and Miles of the 78th, and Sherman of the 80th:
A Resolution compensating Albert L. Cole; and for other purposes.
Referred to the Committee on Appropriations.

HR 253-705. By Messrs. Maxwell and Miles of the 78th and Sherman of the 80th: A Resolution compensating Kenneth Lee Adair; and for other purposes.
Referred to the Committee on Appropriations.

HB 706. By Messrs. Lee of the 61st and Roach of the 10th:
A Bill to be entitled an Act to prohibit possession, custody or control of any revolver which is not equipped with a safety device contained

MONDAY, MARCH 3, 1969

1103

between the hammer and the frame of the revolver designed to prevent forward movement of the hammer to the firing position when the trigger has not been depressed, etc.; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 707. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of public drunkenness; and for other purposes.
Referred to the Committee on Judiciary.

HB 708. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 26-2903 of the Criminal Code of Georgia relating to carrying a pistol or revolver without a license, so as to strike therefrom the word "automobile" and, thus, to provide that a person commits a misdemeanor when he has or carries on or about his person outside of his home 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; and for other purposes.
Referred to the Committee on Judiciary.

HB 709. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, so as to change the definition of those persons competent to testify in the trial of a prisoner for the crime of mutiny; and for other purposes.
Referred to the Committee on Judiciary.

HB 710. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit the damage, de struction or secretion of a person's own property with an intent to defraud another person; and for other purposes.
Referred to the Committee on Judiciary.

1104

JOURNAL OF THE HOUSE,

HB 711. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide for the termination of a trial when prejudicial conduct in or outside the courtroom makes it impossible to proceed with the trial without injustice to the State as well as to the defendant; and for other purposes.
Referred to the Committee on Judiciary.

HB 712. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of those persons competent to testify in the trial of a prisoner for escape; and for other purposes.
Referred to the Committee on Judiciary.

HB 713. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of burglary; and for other purposes.
Referred to the Committee on Judiciary.

HB 714. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, so as to provide that no person shall be convicted of an assault with intent to commit a crime under certain circumstances; and for other purposes.
Referred to the Committee on Judiciary.

HB 715. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, so as to provide that no person shall be convicted of criminal attempt if the crime attempted was actually committed; and for other purposes.
Referred to the Committee on Judiciary.

MONDAY, MARCH 3, 1969

1105

HB 716. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of bribery; and for other purposes.
Referred to the Committee on Judiciary.

HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; and for other purposes.
Referred to the Committee on Judiciary.

HB 718. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition relating to inciting to insurrection by requiring certain overt acts; and for other purposes.
Referred to the Committee on Judiciary.

HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.
Referred to the Committee on Judiciary.

HB 720. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; to make certain grammatical and spelling corrections; and for other purposes.
Referred to the Committee on Judiciary.

1106

JOURNAL OP THE HOUSE,

HB 721. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of "deprive"; and for other purposes.
Referred to the Committee on Judiciary.

HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
Referred to the Committee on Judiciary.

HR 254-722. By Messrs. Maxwell and Miles of the 78th, and Sherman of the 80th: A Resolution compensating Gerald Lee Hamlet; and for other purposes.
Referred to the Committee on Appropriations.

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 on Local Affairs:
HB 748. By Messrs. Rainey and Bowen of the 47th: A Bill to be entitled an Act to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 657. By Messrs. Fallin, Matthews and Bostick of the 63rd: A Bill to be entitled an Act to create a new board of education of Colquitt County; to provide for a chairman and other members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.

MONDAY, MARCH 3, 1969

1107

HB 658. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Hospital) Act", so as to increase the amount of bonds which the authority may issue at any one time; and for other purposes.

HB 659. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to increase the amount of bonds which the authority may issue; and for other purposes.

HB 660. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court of said county; and for other purposes.

HB 661. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner of Dodge County; and for other purposes.

HB 662. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner; and for other purposes.

HB 663. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County, so as to change the compensation of the Ordinary; and for other purposes.

HB 664. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that certain officers and employees who sell property in excess of $100.00 to said City must to so as a result of competitive bidding; to increase the number of city commissioners; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 665. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act fixing the salaries of certain officers of Bleckley County, so as to change the compensation of the ordinary; and for other purposes.

HB 666. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 667. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act changing the method of compensation of the Clerk of the Superior Court of Telfair County from the fee and salary systems to the salary system, exclusively; and for other purposes.

HB 668. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to abolish the present mode of compensating the Tax Receiver of Bleckley County, known as the fee system; and for other purposes.
HB 669. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax com missioner; and for other purposes.
HB 670. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to change the method of compensating the Ordinary of Telfair County, from the fee and salary systems to the salary system, exclusively; and for other purposes.
HB 671. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the city of Hawkinsville to sell and convey a certain tract of land; and for other purposes.

MONDAY, MARCH 3, 1969

1109

HB 672. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of com pensation, so as to increase the salary limitation of the clerk or deputy of the ordinary; and for other purposes.

HB 673. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.

HB 674. By Mr. Brantley of the 114th:
A Bill to be entitled an Act to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; and for other purposes.

HB 675. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Candler County, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.

HB 676. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supplemental salary of the ordinary; and for other purposes.

HB 677. By Messrs. Westlake and Davis of the 75th:
A Bill to be entitled an Act to prohibit any person from enrolling in or attending certain institutions of higher learning and receiving certain financial support from the State, who engages in certain conduct which disrupts orderly administration of any institution of higher learning in this State; and for other purposes.

HB 678. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County . . . ", so as to provide for the election of County Commissioners for a term of 4 years; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 679. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 according to the 1960 Federal Decennial Census or any future such census; and for other purposes.

HB 680. By Messrs. Bowen and Rainey of the 47th: A Bill to be entitled an Act to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, relating to the issuance of and security for the bonds of the Authority; and for other purposes.
HB 681. By Mr. Joiner of the 35th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Wash ington (now Board of Commissioners of Washington County), so as to provide an expense allowance of $100 per month for each member of said Board; and for other purposes.
HB 682. By Messrs. Northcutt, Gray and Lee of the 21st, Crowe of the 1st, Davis of the 75th, Longino of the 98th: A Bill to be entitled an Act to amend Code Chapter 79A-3, relating to drug inspectors, so as to provide that the chief drug inspector shall be under the direct supervision of the Joint Secretary, State Examining Board; and for other purposes.
HR 234-682. By Messrs. Chandler and Harrington of the 34th: A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes.
HR 235-682. By Mr. Paris of the 14th: A Resolution compensating Donald L. Wall; and for other purposes.
HR 236-682. By Mr. Lane of the 44th: A Resolution compensating Mr. John R. Lanier; and for other pur poses.
HR 237-682. By Mr. Ross of the 26th: A Resolution compensating Dr. Carl Willis Sherrer; and for other purposes.

MONDAY, MARCH 3, 1969

1111

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the inspection of public records; and for other pur poses.", so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of personal privacy; and for other purposes.

HB 684. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to authorize the creation, with the State Division of Conservation, an office to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political subdivisions pursuant to the United States "Land and Water Conservation Fund Act of 1965"; and for other purposes.

HB 685. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Wilcox County on a salary basis, so as to change the expense allowance for said sheriff; and for other purposes.

HB 686. By Mr. Harrison of the 66th: A Bill to be entitled an Act to provide for and authorize the govern ing authorities of counties having a population between 9,750 and 10,000 to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the plans for develop ment and improvements on real estate therein; and for other pur poses.
HB 687. By Mr. Harrison of the 66th: A Bill to be entitled an Act to create Camden Recreation Commission as a commission and agency of the State Government; and for other purposes.

HB 688. By Mr. Harrison of the 66th:
A Bill to be entitled an Act to create the Camden Recreation Authority as an instrumentality of the State; and for other purposes.

1112

JOUKNAL OF THE HOUSE,

HB 689. By Messrs. Keyton and Russell of the 70th, Wamble of the 69th, Connell of the 79th, Dent of the 79th, Miles of the 78th and McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.

HB 690. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the com pensation of the sheriff; and for other purposes.

HB 691. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to change the compensation of the clerk; and for other purposes.

HB 692. By Mr. Grahl of the 40th: A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 693. By Messrs. Collins of the 72nd, Morris of the 73rd and Evans of the 81st: A Bill to be entitled an Act to authorize each county governing au thority and each municipal governing authority to obtain and sell certain automobile name tags, which tags shall have the same color, size and shape of then current automobile license tags; and for other purposes.
HR 247-693. By Mr. Paris of the 14th: A Resolution compensating Mr. Paul Williams; and for other pur poses.
HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Jones of the 87th, Battle of the 90th and Gignilliat of the 89th: A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to provide that in counties having a population of 150,000 and not more than 500,000, the term "municipality" used in said Act shall also mean "County"; and for other purposes.

MONDAY, MARCH 3, 1969

1113

HB 695. By Messrs. Battle of the 90th, Patterson of the 20th, Gary of the 21st, Dickinson of the 118th, Henderson of the 117th, and others.
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.

HB 696. By Mr. Battle of the 90th:
A Bill to be entitled an Act to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

HR 248-698. By Mr. Murphy of the 19th: A Resolution compensating Roger Crew; and for other purposes.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following reports:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Bills and of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 563. Do Pass as Amended. HB 652. Do Pass. HB 564. Do Pass as Amended.
Respectfully submitted, McCracken of the 36th, Chairman.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

1114

JOURNAL OF THE HOUSE,

HR 9-14. By Mr. Harris of the 77th:
A Resolution compensating Mrs. Jessie L. Rust; and for other pur poses.

HR 18-37. By Mr. Mauldin of the 12th:
A Resolution compensating Miss Linda Deanne Morris; and for other purposes.

HR 19-37. By Mr. Mauldin of the 12th:
A Resolution compensating Mr. Jimmy D. Bond; and for other pur poses.

HR 20-37. By Mr. Smith of the 43rd:
A Resolution compensating Mr. William B. Johnson; and for other purposes.

HR 34-45. By Messrs. Matthews, Pallin and Bostick of the 63rd: A Resolution compensating Mr. C. F. Lewis; and for other purposes.

HR 40-71. By Mr. Moore of the 6th: A Resolution compensating Mrs. Fred Rider; and for other purposes.
HR 54-128. By Mr. Joiner of the 35th: A Resolution compensating Mrs. Minnie Lee Atkinson; and for other purposes.
HR 85-219. By Mr. Lowrey of the 9th: A Resolution compensating the Ransom Floral Company; and for other purposes.
HR 89-252. By Mr. Graves of the 9th: A Resolution compensating Mr. Robert Lee Baldwin; and for other purposes.
HR 93-276. By Mr. Dorminy of the 48th: A Resolution compensating Mr. K. W. Justice; and for other purposes.

MONDAY, MARCH 3, 1969

1115

HR 111-283. By Mr. Dixon of the 65th: A Resolution compensating Clyde Perdie Lee; and for other purposes.

HR 112-283. By Mr. Mauldin of the 12th: A Resolution compensating Mr. Travis Parson; and for other purposes.

HR 114-283. By Mr. Gunter of the 6th:
A Resolution compensating Mr. Joe Jackson Chitwood; and for other purposes.

HR 121-329. By Mr. Reaves of the 71st: A Resolution compensating Mr. J. C. Sapp; and for other purposes.

HR 132-375. By Messrs. Brown and Melton of the 32nd:
A Resolution compensating Mr. Idus Eugene Sanders; and for other purposes.

HR 53-128. By Mr. Phillips of the 50th:
A Resolution compensating Mr. Herman Robinson and Mr. C. 0. Innis; and for other purposes.

The Senate insists on its amendments Nos. 2 and 3, and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 128. By Mr. Lane of the 101st:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.

The President has appointed on the part of the Senate the following Senators:
Coggin of the 35th, Hill of the 29th, and Smalley of the 28th.
The Senate has passed by the requisite constitutional majority the follow ing Bills of the House and Senate, to-wit:

1116

JOURNAL OF THE HOUSE,

HB 268. By Messrs. McDaniell, Kreeger, Burruss, Atherton, Housley, Wilson and Henderson of the 117th:
A Bill to increase the amount of the bond which shall be executed by the Clerk of the Superior Court of Cobb County; and for other pur poses.

SB 54. By Senators Smalley of the 28th and Stephens of the 36th: A Bill to amend an Act entitled "An Act to provide for a Sheriffs' Retirement Fund of Georgia; and for other purposes", so as to permit newly elected sheriffs an opportunity to join said fund; to repeal conflicting laws; and for other purposes.
SB 74. By Senator Smalley of the 28th: A Bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to completely revise said fees; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
SB 155. By Senator Holley of the 22nd: A Bill to amend Code Section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corporation, so as to remove the limitation on the sale of federal or correspondent funds to qualified depositories; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 198. By Senator Trippe of the 31st: A Bill to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years, to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 75. By Senators Smalley of the 28th and Bateman of the 27th: A Resolution proposing an amendment to the Constitution so as to provide certain requirements in connection with laws pertaining to retirement and pension systems expending public funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, MARCH 3, 1969

1117

The Senate has passed by the requisite constitutional majority the following Bill oi the Senate, to-wit:

SB 69. By Senator Webb of the llth:
A Bill to amend an Act establishing the "Employees Retirement Sys tem of Georgia", as amended, so as to provide that certain persons appointed or elected a Judge of the Superior Court or District At torney shall as a matter of right be entitled to continue his mem bership in said system; 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:

SB 77. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to fix the salaries of the assistant solicitors general and the first assistant solicitor general of said court; and for other purposes.
Referred to the Committee on Local Affairs.

SB 78. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 79. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the compensation of the sheriff of certain counties, etc.", so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.
Referred to the Committee on Local Affairs.
SB 154. By Senator Kennedy of the 4th: A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, so as to change the compensation of the solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

1118

JOURNAL OF THE HOUSE,

SB 176. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

SB 178. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act providing for the licensing of practical nurses, so as to provide that applicants for a license to practice as a practical nurse need not be a citizen of the United States; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 179. By Senators Chapman of the 32nd, Hardy of the 56th, and Pincher of the 54th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for venereal disease; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 181. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide that it shall be unlawful for a person to force his lessee, agent or franchise dealer to purchase game promotions; and for other purposes.
Referred to the Committee on State of Republic.

SB 188. By Senator Zipperer of the 3rd:
A Bill to be entitled on Act to amend an Act creating a new charter for the City of Guyton, providing for the qualifications of Mayor and fixing the salary of City officials; and for other purposes.
Referred to the Committee on Local Affairs.

SB 191. By Senator Bateman of the 27th:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; to fix the amount of such supplemental salaries; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, MARCH 3, 1969

1119

SB 196. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Fannin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

SB 197. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court of Fannin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

SB 199. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, so as to change the compensation of the judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.
SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled an Act to establish a method for providing fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four; and for other purposes. Referred to the Committee on Local Affairs.
SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th, and others: A Bill to be entitled an Act to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; and for other purposes.
Referred to the Committee on Local Affairs.
SB 54. By Senators Smalley of the 28th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a Sheriffs' Retirement Fund of Georgia . . . ", so as to permit newly elected sheriffs an opportunity to join said fund; and for other purposes.
Referred to the Committee on State of Republic.

1120

JOURNAL OF THE HOUSE,

SB 69. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the "Em ployees' Retirement System of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court of District Attorney shall as a matter of right be entitled to continue his mem bership in said system; and for other purposes.
Referred to the Committee on State of Republic.

SB 74. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, so as to completely revise said fees; and for other purposes.
Referred to the Committee on Special Judiciary.
SR 75. By Senators Smalley of the 28th and Bateman of the 27th: A Resolution proposing an amendment to the Constitution so as to provide certain requirements in connection with laws pertaining to retirement and pension systems expending public funds; and for other purposes.
Referred to the Committee on State of Republic.
SB 155. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend Code Section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corporation, so as to remove the limitation on the sale of federal or correspondent funds to qualified depositories; and for other purposes.
Referred to the Committee on Banking and Banking.
SB 198. By Senator Trippe of the 31st: A Bill to be entitled an Act to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; and for other purposes.
Referred to the Committee on Banking and Banking.
Mr. Longino of the 98th asked unanimous consent that the following Bill of the House be withdrawn from further consideration:

MONDAY, MARCH 3, 1969

1121

HB 201. By Messrs. Longino of the 98th and Brown of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to remove the provision relating- to the delivery to the State Revenue Commissioner of the manufacturer's serial plate from wrecked or salvaged vehicles; and for other purposes.

The consent was granted, and HB 201 was withdrawn.

Mr. Dodson of the 83rd arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HB 30. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other pur poses.

The following Senate amendment was read:

The Senate Judiciary Committee offers the following amendment to HB 30:
By striking in Section 1 the quoted paragraph after the phrase "and inserting in lieu thereof the following:" and before the phrase "so that when so amended the first paragraph of Section 8 shall read as follows:" and by substituting in lieu thereof the following:

"There shall be in addition, two members of the Senate, preferably lawyers, appointed by the President of the Senate; two members of the House, preferably lawyers, appointed by the Speaker of the House; the deans of the law schools at The University of Georgia, Mercer University and Emory University; and, ex-officio, the President of the State Bar of Georgia, so that the total membership of the Code Revision Council shall num ber twelve persons."

And by striking in Section 1 all after the phrase "so that when so amended the first paragraph of Section 8 shall read as follows:" and by substituting in lieu thereof the following:

1122

JOURNAL OF THE HOUSE,

"Section 8. In aid of the Legislative Services Committee and its responsibility to provide for the codification of the laws of this State, as provided in Section 2, there is hereby created an adjunct of said Legislative Services Committee to be known as the 'Code Revision Council'. Its membership shall be the Chairman of the Judiciary Committee of the Senate, the Chairman of the Judiciary Committee of the House, (both as members of the Legislative Services Committee), one additional Senate member of the Legislative Services Committee, preferably a lawyer, ap pointed by the President of the Senate, and one additional House member of the Legislative Services Committee, preferably a lawyer, appointed by the Speaker of the House, making a total of four members of the Legislative Services Committee on the Code Revision Council. There shall be in addition, two members of the Senate, preferably lawyers, appointed by the President of the
Senate; two members of the House, preferably lawyers, appointed
by the Speaker of the House; the deans of the law schools at The
University of Georgia, Mercer University and Emory University;
and, ex-officio, the President of the State Bar of Georgia, so that
the total membership of the Code Revision Council shall number
twelve persons. In each even-numbered year the Chairman of the
Judiciary Committee of the Senate shall serve as Chairman of the
Council, and the Chairman of the Judiciary Committee of the
House shall serve as Vice-Chairman of the Council, and in odd-
numbered years the Chairman of the Judiciary Committee of the
House shall serve as Chairman of the Council, and the Chairman
of the Judiciary Committee of the Senate shall serve as Vice-
Chairman of the Council. The Legislative Counsel shall serve
as the Secretary of the Council. The legislator-members of the
Council shall receive no additional compensation, per diem, ex
penses or allowances for service on the Council during sessions
of the General Assembly, but for each day spent in the performance
of their duties hereunder between sessions such legislator-members,
and the other members of the Council as well shall receive the
compensation, per diem, expenses and allowances authorized for
interim legislative committees, upon certification thereof by the
Chairman of the Legislative Services Committee to the State
Treasurer."

Mr. Levitas of the 77th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 30 was disagreed to.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were again taken up for consideration:

MONDAY, MARCH 3, 1969

1123

HB 413. By Messrs. Jones of the 69th and Caldwell of the 39th:
A Bill to be entitled an Act relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Banks and Banking moves to amend HB 413 by adding a new section to be known as Section VII, and renumbering Section VII to be Section VIII. Said new section shall read as follows:

"Section VII. This Act shall become effective upon its approval by the Governor."

The following amendment was read and adopted:

Mr. Jones of the 59th moves to amend HB 413 by striking from Section 3 thereof subsection (G) (3).

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger

Connell Conner Cook Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E, Dean, N. DeLong Dont Dickinson. Dixon Dodson Dorminy Douglas Egan

1124
Ellis Evans Ezzard Fallin Farmer Feltoa Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahi Graves Gunter Hadaway Hargretl Harrington Harris, J. F. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen

JOURNAL OF THE HOUSE,
Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovvrey Marcus Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Murphy Nes smith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, B. S.

Phillips, L. L. Pickard Pinkston Poole Potts Rainey Roach Rowland Russell Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson

Those voting in the negative were Messrs.:

Bohannon: Floyd, J. H. Hood

Jones, Herb Knowles Morris

Rush Wilkerson

Those:not voting were Messrs.:

Brooks Burruss Collins, S, Cooper Dailey Edwards Farrar Funk Hale Hamilton

Harris, J. R. Hill, B. Jordan, G. Mason Matthews, D. R. McCracken Mullinax Nash Odom Parker, H. W.

Phillips, W. R. Reaves Ross Salem Shanahan Thomason Westlake Wood Mr. Speaker

MONDAY, MARCH 3, 1969

1125

On the passage of the Bill, as amended, the ayes were 158, nays 8.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Mullinax of the 30th stated that he had been called from the floor of the House when the roll was called on HB 413, as amended, but had he been present would have voted "aye".

HB 329. By Messrs. Matthews of the 16th, Barber of the 15th and Horton of the 95th:
A Bill to be entitled an Act to amend an Act creating the Georgia Science and Technology Commission, so as to change the membership of said Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C.

Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarice Cole Collier Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty Davis, W. Dean, J. E. Dean, N.

DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ezzard Farmer Farrar Felton Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Hargrett Harrington

1126
Harris, J, P. Harris, J. R. Harris, R. W. Hawes Render son Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keytom Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey

JOUENAL OF THE HOUSE,

Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard

Poole Potts Rainey Roach Ross Rowland Rush Russell Scarlett Shepherd Sherman Sims Smith, V. T. Simmons Snow Sorrells Sweat Thomason Thompson. A. W. Thompson, R. Toles Townsend Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles

Those voting in the negative were Messrs.:

Davis, E. T. Ellis

Jones, Herb Simkins

Whaley

Those not voting were Messrs.:

Collins, S. Dailey Evans Fallin Floyd, J. H. Floyd, L. R. Funk Gunter Hale

Harrison Higginbotham Hill, B. L. Holder Keen Matthews, D. R. Moore Odom Pinkston

Reaves Salem Scarborough Shanahan Smith, J. R. Ware Westlake Wood Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 5.

The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 3, 1969

1127

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 181-470. By Messrs. Collins of the 62nd, Reaves of the 71st, Russell and Keyton of the 70th, Matthews of the 63rd, Nessmith of the 44th and Wheeler of the 57th:
A Resolution expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and television; 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 100, nays 11.

The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Williams of the llth requested that his vote be recorded in the Journal as "nay" on HR 181-470.

HB 239. By Mr. Brown of the 32nd:
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 organiza tion shall not be liable for any act or omission to act within the scope of his duties or activities except under certain circumstances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson

Atherton Barber Battle

Bell Berry Black

1128

JOURNAL OF THE HOUSE,

Blalock Bohannon Brantley, H. H. Brantley, H. L. Brooks Brown, C. Buck Burruss Busbee Caldwell Gates Cato Chandler Clarke Cole Collier Coiling, M. Colwell Conger Connell Conner ; Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dodson Dorminy Edwards Egan Ellis Evans Ezzard Farmer Felton Floyd, L. R. Gary Gaynor Gignilliat,
Grahl

Graves Hadaway Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, G. Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller

Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pickard Poole Potts Rainey Roach Rush Russell Salem Scarborough Scarlett Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson, A. W. Toles Townsend Wamble Whaley Wheeler, J. A. Wilkerson Williams Wilson Winkles

Those voting in the negative were Messrs.

Bennett Brown, B. D. Dickinson Douglas

Hargrett Harris, J. F. Hawes Knowles

Phillips, W. R. Rowland Sweat Thomason

Those not voting were Messrs.:

Ballard Barfield Bond

Bostick Bowen Bray

Carnes Collins, S. Cook

Dean, J. E. DeLong Fallin Farrar Floyd, J. H. Funk Geisinger Gunter Hale Hill, B. L. Holder

MONDAY, MARCH 3, 1969
Hood Keyton Knapp Lambert Lee, W. S. Levitas McCracken Moore Odom Phillips, G. S. Pinkston

1129
Reaves Ross Shanahan Shepherd Thompson, R. Vaughri Ware Westlake Wheeler, Bobby Wood Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 12.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Levitas of the 77th stated that he had been called from the floor of the House when the roll was called on HB 239, but had he been present would have voted "aye".

HR 196-565. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; 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 GEORGA:

SECTION 1
Section I of Article XIII of the Constitution is hereby amended by adding at the end thereof a new Paragraph to be designated as Para graph IV and to read as follows:

"Paragraph IV. Effective date of amendments. Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification."

1130

JOURNAL OF THE HOUSE,

SECTION 2
The above proposed amendment to the Constitution 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, unless otherwise provided by the amendment, an amendment to the Constitution shall become effec-
No ( ) tive on the first day of January following its rati fication?"
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 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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Brantley, H. L.

Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Gates Cato Chandler Clarke Cole Collier Colwell Conger Connell Conner Cooper

Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Deiit Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard

Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp

MONDAY, MARCH 3, 1969
Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters

1131
Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, J. A. Wilkerson Williams Wilson Winkles

Those not voting were Messrs.:

Bo wen Brantley, H. H. Bray Brooks Carnes Collins, M. Collins, S. Cook Dean, J. E.

DeLong Tallin Geisinger Hale Hill, B. L. Holder Lambert Longino Phillips, G. S.

Potts Reaves Shanahan Vaughn Wheeler, Bobby Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 170, nays 0.

1132

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 560. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Parker of the 46th and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958, so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall con ducted in conformity with the Georgia Election Code; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Cato Chandler

Clarke Cole Collins, M. Collier Colwell Conger Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Felton Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Joiner Jones, C. M.

MONDAY, MARCH 3, 1969

1133

Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford

Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Salem

Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles

Voting in the negative were Messrs. Bennett and Rowland.

Those not voting were Messrs.:

Barfield Bowen Collins, S. Cook Dailey Dean, J. E. DeLong Fallin

Hale Hill, G. Howell Johnson Keyton Lambert Matthews, D. R. Odom

Reaves Russell Shanahan Wamble Wood Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

1134

JOURNAL OF THE HOUSE,

HB 561. By Messrs. McCracken of the 36th, Howell of the 60th, Higginbotham of the 75th, Parker of the 46th and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 24-1707, relating to the method of filling vacancies in the office of ordinary, as amended, so as to provide that special elections called for the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Eelection Code; and for other purposes.

The following amendment was read and adopted:

Mr. Egan of the 116th moves to amend HB 561 as follows:
to add the word "chief" before the word "judge" wherever the same appears.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss

Busbee Caldwell Games Gates Cato Chandler Clarke
Cole
Collier Collins, M. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon

Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gray Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton

MONDAY, MARCH 3, 1969

Hargrett Harrington Harris, J. F. Harris, J. K. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton
Knapp
Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Lee, W. J. (Bill)
Lee, W. S.
Leonard
Levitas

Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Mulinax Murphy Nessmith Northcutt Nunn Pafford Paris Parker, C. A.
Parker, H. W.
Patterson
Peters
Peterson
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole

Those not voting were Messrs.:

Barfield Collins, S. Cook Dean, J. E. DeLong Hale

Hill, G. Jordan, G. Mason Matthews, D. R. Nash Odom

1135
Potts Rainey Roach Ross Rowland Russell Salem Scarborough Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles
Reaves Rush Scarlett Shanahan Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 177, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

1136

JOURNAL OF THE HOUSE,

HB 352. By Messrs. Smith of the 43rd, Harris of the 77th, Floyd of the 7th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959, etc. so as to provide for a Fiscal Officer for the Legislative Branch of Government; to provide for duties and other matters relative thereto; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger

Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hamilton

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas

MONDAY, MARCH 3, 1969

Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford

Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman

Those not voting were Messrs.:

Barfield Busbee Collins, S. Cook Floyd, J. H. Grahl Hadaway Hale Harrison

Jones, Herb Mason Matthews, D. R. McCracken Melton Merritt Nash Phillips, G. S. Rainey

1137
Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thorn a son Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilson Winkles
Reaves Shanahan Simkins Thompson, A. W. Thompson, R. Wilkerson Wood Mr. Speaker

On the passage of the Bill, the ayes were 169, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on HB 252, but had he been present would have voted "aye".

HB 274. By Messrs. Roach, Harris and Poole of the 10th and Wood of the llth:
A Bill to be entitled an Act to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, approved March 24, 1967, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.

1138

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon

Dodson Dorminy Douglas Edwards Egan Evans Ezzard Farmer Parrar Felton Ployd, J. H. Floyd, L. R. Gary Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles

Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Piekard Pinkston Poole Potts Rainey Roach Ross

MONDAY, MARCH 3, 1969

1139

Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Simmons

Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn

Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles

Those voting in the negative were Messrs. Hargrett and G. Jordan.

Those not voting were Messrs.:

Barfield Blalock Clarke Collier Collins, S. Dailey Dean, J. E. DeLong Ellis Fallin

Funk Gaynor Hale Hamilton Hargrett Higginbotham Lee, W. J. (Bill) Mason Matthews, D. R. McCracken

Mullinax Nash Phillips, G. S. Reaves Shanahan Thompson, A. W. Townsend Ware Wood Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

HR 222-603. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th, Russell of the 70th, Wood of the llth and others:
A Resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by the American Legion, Department of Georgia, in commemoration of the 50th anniversary of the American Legion; and for other purposes.

The following amendment was read and adopted:
Mr. Ware of the 30th moves to amend HR 222-603 as follows:
By striking from the second paragraph the word "illimination", and inserting in lieu thereof the word "illumination".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

1140

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson

Dorminy Douglas Edawrds Egan Ellis Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)

Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Ross Rowland Rush Russell Scarlett Shepherd Sherman Simkins Simmons

MONDAY, MARCH 3, 1969

Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W.

Thompson, R. Toles Townsend Vaughan Wamble Ware Westlake Whaley

Those not voting were Messrs.:

Bond Brown, B. D. Collins, G. Cook Hadaway Hale Hamilton Hill, B. L.

Hill, G. Holder Lambert Mason Matthews, D. R. Merritt Nash Phillips, G. S.

1141
Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles
Reaves Salem Scarborough Shanahar Wood Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 173, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Mr. Salem of the 51st stated that he had been called from the floor of the House when the roll was called on HR 222-603, as amended, but had he been present would have voted "aye".

By unanimous consent, HR 222-603 was ordered immediately transmitted to the Senate.

HB 572. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles without a warrant; and for other purposes.

The following amendments were read and adopted:

Mr. Murphy of the 19th moves to amend HB 572 as follows:
By striking at the end of the first sentence in Section one the words "without a warrant" and inserting in lieu thereof the words "by the issuance of a citation".

1142

JOURNAL OP THE HOUSE,

By striking from the second sentence the word "arresting" as it appears before the word "officer".

Mr. Connell of the 79th moves to amend HB 572 as follows:

By adding a new Section thereto to be numbered Section 3, and to read as follows:

"Section 3. The effective date of this Act shall be the date the same is signed by the Governor, or otherwise becomes law."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Atherton Ballard Barber Battle Berry Black Blalock Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Busbee Carnes Cato Chandler Clarke Collier Colwell Conger Connell Conner Cook Cooper Crowe Dean, N. DeLong Dent Dodson

Douglas Edwards Ellis Evans Ezzard Farmer Parrar Pelton Funk Gary Geisinger Grahl Grave? Gunter Harrington Harris, J. R. Harris, R. W. Hawes Hill, G. Holder Hood Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp

Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith

MONDAY, MARCH 3, 1969

Northcutt Nunn Pafford Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey

Roach Ross Rowland Russell Scarlett Shepherd Sherman Simkins Sims Snow Sorrells Thomason

Those voting in the negative were Messrs.

Alexander Anderson Barfield Bell Bennett Bond Brown, B. D.
Buck
Gates
Cole
Davis, E. T.
Davis, W.

Dean, J. E. Dickinson Dixon Ployd, L. R. Hadaway Harris, J. F. Harrison
Hill, B. L.
Hudson
Jones, M.
Jordan, G.
Leonard

Those not voting were Messrs.:

Bo wen Brooks Caldwell Collins, M. Collins, S. Dailey Daugherty Dorminy Egan Fallin

Floyd, J. H. Gaynor Hale Hamilton Hargrett Henderson Higginbotham Horton Odom Parker, H. W.

1143
Thompson, A. W. Thompson, R. Toles Town send Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Williams
Paris Parker, C. A. Peters Pickard Rush Salem Scarborough Sweat Westlake Wilkerson Winkles
Reaves Shanahan Simmons Smith, J. R. Smith, V. T. Vaughn Wilson Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 131, nays 35.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 572, as amended, was ordered immediately transmitted to the Senate.

1144

JOURNAL OF THE HOUSE,

HB 317. By Messrs. Chandler and Harrington of the 34th, Higginbotham of the 75th, Sweat of the 65th, Rush of the 51st, Thompson of the 85th and others:
A Bill to be entitled an Act 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, so as to provide that no person who is a member of the State Board of Corrections shall be employed by the Board of Correc tions in any capacity whatsoever; and for other purposes.

The following amendment was read:
Mr. Townsend of the 115th moves to amend HB 317 as follows:
Section I, paragraph 2, line 6 after the words "under the jurisdiction of the State Board of Corrections" the following:
"Provided further that no person who is a member of the State Board of Corrections shall hold any other elected public office".

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 Atherton Ballard Battle Bell Bond Brantley, H. H. Bray
Brown, B. D. Brown, C. Burruss Gates Clarke Cole Cook Davis, W. DeLong Dickinson Dixon Douglas

Egan Evans Fallin Farmer Felton Floyd, L. R. Gaynor Geisinger Gignilliat
Grahl Graves Hamilton Harris, J. R. Harris, R. W. Hawes Hill, B. L. Hood Horton Jordan, G. Keen Knapp

Lee, W. S. Levitas Marcus Matthews, C. McClatchey Merritt Phillips, L. L. Phillips, W. R. Rowland
Sherman Simkins Sorrells Thomason Thompson, A. W. Townsend Westlake Whaley Wheeler, Bobby Wilkerson

MONDAY, MARCH 3, 1969

Those voting in the negative were Messrs.:

Barber Barfield Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. L. Buck Caldwell Cato Chandler Collins, M. Colwell Conger Connell Cooper Crowe Dailey Davis, E. T. Dean, N. Dent Dodson Edwards Ployd, J. H. Funk Gary Gunter Hadaway Hargrett Harrington

Harris, J. F. Harrison Henderson Higginbotham Hill, G. Holder Housley Howell Hudson Hutchinson Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keyton Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Mauldin McDaniell Miles Milford Miller Moate Moore Morris Mullinax

Those not voting were Messrs.:

Anderson Brooks Busbee Carnes Collier Collins, S. Conner Daugherty Dean, J. E. Dorminy Ellis Ezzard Farrar

Hale Johnson Joiner Lambert Mason Matthews, D. R. Maxwell McCracken Melton Nunn Odom Peterson Phillips, G. S.

1145
Murphy Nash Nessmith Northcutt Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Pickard Poole Potts Roach Ross Rush Russell Salem Scarborough Scarlett Simmons Sims Smith, J. R. Snow Sweat Toles Wamble Wheeler, J. A. Williams Wilson Winkles
Pinkston Rainey Reaves Shanahan Shepherd Smith, V. T. Thompson, R. Vaughn Ware Wood Mr. Speaker

On the adoption of the amendment, the ayes were 61, nays 96.

The amendment was lost.

1146

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 Anderson Atherton. Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley. II. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W.

Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson

Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson

Peters Peterson Phillips, G. S. Phillirs. L. L. Phillips, W. R. Pickard Poole Potts Roach Ross Rush Russell Salem

MONDAY, MARCH 3, 1969
Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.

Not voting was Mr. Dodson

Those not voting were Messrs.:

Alexander Brooks Floyd, J. H. Gunter Hale Hargrett Joiner

Lane, W. J. McCracken Murphy Odom Pinkston Rainey Reaves

1147
Toles Town send Wamhle Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles
Rowland Shanahan Simmons Smith, V. T. Vaughn Wood Mr. Speaker

On the passage of the Bill, the ayes were 173, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Dodson of the 83rd stated that he had inadvertently voted "nay" but intended to vote "aye" on HB 317.

HB 488. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act prohibiting the manu facture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.

Mr. Edwards of the 45th moved that further consideration of HB 488 be postponed until tomorrow, March 4, 1969, immediately after the period of un animous consents.
The motion prevailed, and HB 488 was postponed.

1148

JOURNAL OF THE HOUSE,

HB 407. By Messrs. Bennett, Reaves and Barfield of the 71st, Bostick, Matthews and Fallin of the 63rd, Russell and Keyton of the 70th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen Brintley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell
Cook

Cooper Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickinson Dodson Dorminy Douglas Edwards Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Higginbotham Hill, B. L. Hill, G.

Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Miles

Milford Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford
Paris
Parker, C. A.
Parker, H. W.
Patterson
Peters
Peterson

MONDAY, MARCH 3, 1969
Phillips, G. S. Phillips. L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Roach Ross Rowland Rush Russell
Salem Scarlett
Shepherd
Sherman
Simkins Simmons

1149
Sims Smith, J. R. Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Wamble Westlake Whaley Wheeler, Bobby
Wheeler, J. A. Wilkerson
Williams
Wilson
Winkles

Those voting in the negative were Messrs. G. Jordan and Potts.

Those not voting were Messrs.:

Blalock Brooks Buck Conner Crowe DeLong Dixon Egan Ellis Floyd, J. H.

Funk Gunter Hale Hamilton Henderson Howell McCracken McDaniell Moore Reaves

Scarborough Shanahan Snow Sweat Townsend Vaughn Ware Wood Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 407 was ordered immediately transmitted to the Senate.

Mr. Reaves of the 71st stated that he had been called from the floor of the House when the roll was called on HB 407, but had he been present would have voted "aye".

1150

JOUENAL OF THE HOUSE,

HB 452. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act known and cited as the "Unliquidated Damages Interest Act", approved April 9, 1968, so as to remove the $5,000 limitation, and thus to make the Act applicable to each action ex delicto in which there is a claim for unliquidated dam ages; and for other purposes.

An amendment, offered by Mr. McClatchey of the 113th, was read and lost.

An amendment, offered by Mr. Pelton of the 95th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bell Berry Black Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Busbee Carnes Gates Cato Chandler Clarke Cole Conger Conner Cook
Crowe Daugherty Davis, W.

Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Edwards Egan Ellis Evans Ezzard Farmer Farrar Floyd, L. R. Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.
Harrison Hawes Henderson

Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Keyton Knapp Knowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis
Longino Lowrey Marcus

MONDAY, MARCH 3, 1969

Matthews, C. Maxwell Melton Merritt Miles Moate Moore Morris Murphy Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson

Peters Phillips, G. S. Phillips, W. R. Poole Roach Ross Rowland Rush Russell Salem Scarborough Shepherd Simkins Simmons Sims Smith, V. T. Sorrells

Those voting in the negative were Messrs.:

Atherton Blalock Buck Burruss Colwell Connell Dodson Fallin Felton

Gary Gaynor Kreeger Lambert Matthews, D. R. Mauldin McClatchey McCracken Milford

Those not voting were Messrs.:

Barfield Bennett Bowen Brantley, H. L. Brooks Caldwell Collier Collins, M. Collins, S. Cooper Dailey

Davis, E. T. DeLong Dickinson Floyd, J. H. Funk Hale Johnson Mason McDaniell Nash Nunn

1151
Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wilson Winkles
Miller Mullinax Pinkston Potts Scarlett Sherman Ware Williams
Peterson Phillips, L. L. Pickard Rainey Reaves Shanahan Smith, J. R. Snow Wood Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 26.

The Bill, having received the requisite constitutional majority, was passed.

HB 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", approved March 18, 1964, as amended, so as to

1152

JOURNAL OP THE HOUSE,

revise comprehensively the laws relating to the hospitalization and re lease of mentally ill persons by providing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.

By unanimous consent, further consideration of HB 1 was postponed until tomorrow, March 4, 1969.

HB 593. By Messrs. Harris and Levitas of the 77th, Harris of the 67th, Jones and Buck of the 84th, Egan of the 116th and Snow of the 1st:
A Bill to be entitled an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22; and for other purposes.

By unanimous consent, further consideration of HB 593 was postponed until tomorrow, March 4, 1969.

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 381. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Marcus of the 105th, Adams of the 100th, and Townsend of the 115th and others:
A Bill to be entitled an Act to amend Code Title 34A, relating to mu nicipal elections, so as to prohibit municipalities from conducting nonpartisan primaries; to delete therefrom all references to non-partisan primaries; and for other purposes.

The following substitute, offered by Mr. Cook of the 95th, was read and adopted:
SUBSTITUTE TO HB 381
A BILL
To be entitled an Act to amend Code Title 34A, relating to municipal elections, so as to provide the circumstances under which a certificate of nomination shall be issued by a political party to the nominees of such a party; to prohibit municipalities from conducting non-partisan pri maries; to delete therefrom all references to non-partisan primaries; to authorize certain municipalities to provide that no political party may conduct primaries for the purpose of nominating candidates for munici pal elections; to provide that unless a candidate is the duly nominated

MONDAY, MARCH 3, 1969

1153

nominee of a political party, his name shall be listed on the ballot under the Independent column; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 34A, relating to municipal elections, is here by amended by adding at the end of subsection (b) of Code Section 34-901, relating to the filing of notice of candidacy, the following:

"A certificate of nomination shall not be issued to a candidate by any political party unless the candidate is the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said candi date is the substituted nominee of such political party pursuant to the provisions of Code Section 34A-903.",

so that when so amended subsection (b) shall read as follows:

"(b) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of can didacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of
his party or body for the public office he is seeking. Every such certificate of nomination shall be sworn to by the chairman and secretary of the municipal or other appropriate executive commit tee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as re quired by Chapter 34-9 of the Georgia Election Code and with the city clerk as required by Section 34B-801 of this Code. A certifi cate of nomination shall not be issued to a candidate by any political party unless the candidate is the nominee of such politi cal party by virtue of having been nominated in a primary con ducted by such political party for the purpose of nominating can didates for the particular office concerned or unless said candidate is the substituted nominee of such political party pursuant to the provisions of Code Section 34A-903."

Section 2. Said Title is further amended by striking in its en tirety Code Section 34A-905, relating to the conduct of primaries and non-partisan primaries, and substituting in lieu thereof a new Code Section to read as follows:

"Section 34A-905. Primaries to be conducted only by political parties; conduct of primaries.--Only a political party as defined in this Code may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal

1154

JOURNAL OF THE HOUSE,

elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regu lations of such party not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be conducted in such manner as to guarantee the secrecy of the ballot. No municipality may conduct a non-parti san primary. Municipalities having a population in excess of 300,000 according to the 1960 U. S. decennial census or any such future census may provide by their charter or ordinance that no political party shall conduct primaries for the purpose of nominating can didates for municipal elections."

Section 3. Said Title is further amended by striking in their en tirety Code Section 34A-912, relating to the calling and holding of non-partisan primaries; Code Section 34A-913, relating to the quali fications of candidates in non-partisan primaries; and Code Section 34A-914, relating to the expenses of non-partisan primaries.

Section 4. Said Title is further amended by striking in its entirety Code Section 34A-1003, relating to the form of the ballot for nonpartisan primaries.

Section 5. Said Title is further amended by renumbering subsec tion (e) of Code Section 34A-1004, relating to the form of the official election ballot, as subsection (f), and by inserting following subsection (d) a new subsection (e) to read as follows:

"(e) The name of a candidate shall not be listed on the ballot under the name of a political party column unless the candidate has accompanied his notice of candidacy by the certificate of nomina tion required by subsection (b) of Code Section 34A-901."

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle

Bell Bennett Berry Black Bohannon Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck

MONDAY, MARCH 3, 1969

Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard Farmer Farrar Felton Lloyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hamilton

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Moate

Those not voting were Messrs. :

Barfield Blalock Brooks Collier Collins, S. Edwards

Fallin Floyd, J. H. Gunter Hale Harrison Howell

1155
Morris Mullinax Murphy Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Ross Rowland Rush Salem Scarlett Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Toles Townsend Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles
Jordan, G. Jordan, H. S. Keyton Lewis McCracken Miller

1156
Moore Nunn Peterson Pickard Reaves Roach

JOURNAL OP THE HOUSE,

Russell Scarborough Shanahan
Shepherd Thompson, A. W. Thompson, R.

Wamble Whaley Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 381, by substitute, was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence to its position in amending the same:
HB 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th: A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
Mr. DeLong of the 80th 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.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th.
Leave of absence was granted to Mr. Wood of the llth for March 3 and March 4, 1969 in order that he might be able to attend to pressing business matters.
Mr. Harris of the 77th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 4, 1969

1157

Representative Hall, Atlanta, Georgia Tuesday, March 4, 1969

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. Billy H. Ring, Elder, First Church of the Nazarene, Swainsboro, Georgia:
"Almighty God, creator of all things, giver of every good and perfect gift, hear us this day as we seek Thy blessing upon our delibera tions. Be with Thy servants in this place, in all things great and small, so that small things become great and great things become possible.
"Cause them to understand that God's power has never been ob structed by difficulties, nor His love limited by the confusion of human plans.
"Grant, Lord, that these servants shall dedicate themselves to the advancement of Georgia, as Nehemiah gave himself to the rebuilding of Jerusalem.
"Give them the courage to be strong and the faith to be bold as they meet the task to be done. This we ask in the name of Him who loved us and gave Himself for us,
AMEN."

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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.

1158

JOURNAL OF THE HOUSE,

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 4, 1969, and submits the following:

HB

1. Mentally 111, Hospitalization--PP.

HB

31. Veterinary Medicine, License Renewal--Reconsidered.

HB

48. Driver's License, Minors.

HB

50. Motor Vehicles, Tiremarks on Streets--Reconsidered.

HB

86. Criminal Trials, Compellable Witness.

HB 109. District Attorney, Expense Allowance--PP.

HB 171. Teacher Retirement, Earnable Compensation.

HB 174. Teachers, Retirement Benefits.

HB 212. Coastal Wetlands Protection Board, Create.

HB 216. County Officials, Abolish Fee System.

HR 82-219. Coastal Islands Study Committee.

HB 331. Peace Officers, Authority to Arrest.

HB 412. Glass Doors, Require Safety Glass.

HR 144-444. Highway Laws Study Committee.

HB 509. State House Officials, Emeritus Officers.

HB 593. Corporation Code, Amend--PP.

TUESDAY, MARCH 4, 1969

1159

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 61st, 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 723. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 724. By Messrs. Douglas and Rowland of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 725. By Messrs. Douglas and Rowland of the 42nd: A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, 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 726. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Laurens County upon an annual salary, so as to change the compensa tion of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 727. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office

1160

JOURNAL OF THE HOUSE,

of Tax Commissioner of Laurens County, so as to change the compen sation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 728. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act providing a supplemental salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 729. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.
Referred to the Committee on Local Affairs.

HB 730. By Messrs. Parker, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of said Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 731. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 732. By Messrs. Ployd and Davis of the 75th:
A Bill to be entitled an Act to amend Code Section 34-1307, relating to unlawful campaign activities, so as to prohibit radios within the voting line; and for other purposes.
Referred to the Committee on State of Republic.

TUESDAY, MARCH 4, 1969

1161

HB 733. By Messrs. Kreeger, Burruss, Atherton, Wilson, Housley and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A Bill to be entitled an Act to require the State Revenue Commissioner 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; and for other purposes.
Referred to the Committee on Education.

HB 735. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Revenue Commissioner shall furnish the equalized adjusted school prop erty tax digest of each county and each independent school system and of the State as a whole to the State Board of Education; and for other purposes.
Referred to the Committee on Education.

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, Gates of the 95th, Brown of the 110th and others:
A Bill to be entitled an Act to create a racing commission in certain counties of this State for the regulation, licensing, and supervision of dog and horse racing, and wagering thereon; and for other purposes.
Referred to the Committee on Industry.

HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st, Battle of the 90th, Gignilliat of the 89th, Funk of the 92nd and Hill of the 94th:
A Bill to be entitled an Act to amend an Act creating a charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality; and for other purposes.
Referred to the Committee on Local Affairs.

1162

JOURNAL OF THE HOUSE,

HB 738. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the penalty for conviction of a certain type of commercial gambling; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 739. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 740. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Oxford, so as to change the compensation of the Mayor and Councilmen; to provide for the election of the Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 741. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain persons shall not be employed; and for other purposes.
Referred to the Committee on Local Affairs.

HB 742. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the town of Newborn, so as to provide for the election of the Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 743. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to provide for the election of the mayor and Councilmen of the municipality of Porterdale; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, MARCH 4, 1969

1163

HB 744. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act providing for issuing special license tags to motor vehicle owners who operate amateur radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 745. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia National Guard; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th: A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of such license tags for pickup trucks and station wagons; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th: A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; and for other purposes.
Referred to the Committee on Judiciary.
HB 749. By Messrs. Kreeger, Atherton, Housley, Henderson, Wilson, McDaniell and Burruss of the 117th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.
Referred to the Committee on Local Affairs.
HB 750. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to change the election date for the members of the Stewart County Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

1164

JOURNAL OF THE HOUSE,

HB 751. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 752. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 753. By Mr. Ross of the 26th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary, so as to change the compensation of the said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 754. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), so as to change the compensation of the chairman of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 755. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.
Referred to the Committee on Local Affairs.
HB 756. By Messrs. Cato of the 68th, Games of the 104th, Pelton of the 95th, Bostick of the 63rd, Rowland and Douglas of the 42nd, Collier of the 54th and Ross of the 26th: A Bill to be entitled an Act to amend Code Section 114-403, relating to the right of the employer to be subrogated to the recovery of the em ployee against third parties, so as to provide that the employer shall bear a proportionate share of the attorney's fees in the event the employee is represented by an attorney; and for other purposes.
Referred to the Committee on Industrial Relations.

TUESDAY, MARCH 4, 1969

1165

HR 255-756. By Messrs. Lowrey, Toles and Graves of the 9th:
A Resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 757. By Messrs. Jones and Buck of the 84th, Davis and Thompson of the 86th, Thompson and Berry of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Colum bus in the County of Muscogee, so as to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; and for other purposes. Referred to the Committee on Local Affairs.
HB 758. By Mr. Collier of the 54th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to authorize the governing authority of Lee County to purchase, maintain and replace, for the use of the office of the sheriff, certain equipment and supplies, including one or more automobiles; and for other purposes.
Referred to the Committee on Local Affairs.
HR 256-758. By Messrs. Smith of the 43rd and Busbee of the 61st: A Resolution creating the Support of Public Education Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 257-758. By Messrs. Parker and Nessmith of the 44th: A Resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane Bridge"; and for other purposes.
Referred to the Committee on Highways.
HB 759. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act ts> amend an Act which provides a schedule of license fees for motor vehicles, so as to provide for a reduction in the rate on certain motor vehicles ased as common or contract carriers for hire of passengers, whether or nit they are operated under the judisdiction of the Georgia Public Service Commission; and for other purposes. Referred to the Committee on Motor Vehicles.

1166

JOURNAL OF THE HOUSE,

HB 760. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in said court; and for other purposes.
Referred to the Committee on Local Affairs.

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 Committee on Motor Vehicles:
HB 761. By Messrs. Lewis of the 37th, Williams of the llth, Ballard of the 23rd, and Johnson of the 29th:
A Bill to be entitled an Act to provide that it shall be unlawful to operate any motor vehicle race track or other facility, within this State unless such race track or other facility is designed and constructed in such a manner so as to make it impossible for any motor vehicle to stdike or injure any spectator or other person; and for other purposes.

HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd, Harris of the 10th, Adams of the 100th, Hood of the 99th, Smith of the 39th, Lane of the 101st and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 697. By Messrs. Williams, Wood and Cooper of the llth, Bohannon of the 20th, Poole of the 10th and Peters of the 2nd:
A Bill to be entitled an Act t> amend an Act promoting and regulating the poultry industry, so as to change the method of registration for hatchery operators and dealers; and for other purposes.

TUESDAY, MARCH 4, 1969

1167

HB 698. By Messrs. Geisinger and Collins of the 72nd, Westlake, Floyd, Davis and Higginbotham of the 75th, Farrar, Thomason, Levitas and Harris of the 77th, Jordan of the 74th, Bell and Morris of the 73rd and Dean of the 76th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; to provide for a referendum; and for other purposes.

HB 699. By Messrs. Higginbotham of the 75th and Morris of the 73rd: A Bill to be entitled an Act to create the DeKalb County Coliseum Authority; to provide for all procedures, requirements and other mat ters connected with the foregoing; and for other purposes.
HB 700. By Messrs. Graves, Lowrey and Toles of the 9th: A Bill to be entitled an Act to authorize and effectuate the establishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.
HB 701. By Messrs. Roach and Poole of the 10th: A Bill to be entitled an Act to amend an Act incorporating the City of Canton, so as to change the provisions relating to the election of councilmen; and for other purposes.
HR 249-701. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Lambert of the 25th, Parker of the 46th, Howell of the 60th, Leonard of the 3rd, Connell of the 79th, Bohannon of the 20th, Bray of the 31st, Nunn of the 41st and Scarborough of the 81st: A Resolution creating the Joint Election Laws Study Committee; and for other purposes.
HR 250-701. By Mrs. Merritt of the 46th: A Resolution authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes.
HB 702. By Messrs. Atherton of the 117th, Miller of the 83rd, Horton of the 95th and Mrs. Hamilton of the 112th: A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to authorize the General Assembly to appropriate specific amounts to the State Board of Probation for use in making grants to counties supporting independent adult probation systems, etc.; and for other purposes.

1168

JOURNAL OF THE HOUSE,

HB 703. By Mr. Maxwell of the 78th:
A Bill to be entitled an Act to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to permit a corresponding reduction in the amount of any bond required of any fiduciary; and for other purposes.

HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act incorporating the Trustees of the Masonic Hall, in the City of Augusta; and for other purposes.

HB 705. By Messrs. Pinkston, Evans, Keen, Scarborough and Knapp of the 81st, Miller of the 83rd, and Dodson of the 82nd:
A Bill to be entitled an Act to provide for a Board of Election in Bibb County, Georgia; and for other purposes.

HR 251-705. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th, Clarke of the 33rd and Maxwell of the 78th:
A Resolution creating the Georgia Commission for the National Bicenten nial Celebration; and for other purposes.

HR 252-705. By Messrs. Maxwell and Miles of the 78th, and Sherman of the 80th:
A Resolution compensating Albert L. Cole; and for other purposes.

HR 253-705. By Messrs. Maxwell and Miles of the 78th, Sherman of the 80th: A Resolution compensating Kenneth Lee Adair; and for other purposes.

HB 706. By Messrs. Lee of the 61st and Roach of the 10th:
A Bill to be entitled an Act to prohibit possession, custody or control of any revolver which is not equipped with a safety device contained between the hammer and the frame of the revolver designed to prevent forward movement of the hammer to the firing position when the trigger has not been depressed, etc.; and for other purposes.

HB 707. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the

TUESDAY, MARCH 4, 1969

1169

punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of public drunkenness; and for other purposes.

HB 708. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 26-2903 of the Criminal Code of Georgia relating to carrying a pistol or revolver with out a license, so as to strike therefrom the word "automobile" and, thus, to provide that a person commits a misdemeanor when he has or carries on or about his person outside of his home 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; and for other purposes.

HB 709. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, so as to change the definition of those persons competent to testify in the trial of a prisoner for the crime of mutiny; and for other purposes.

HB 710. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to prohibit the damage, de struction or secretion of a person's own property with an intent to defraud another person; and for other purposes.

HB 711. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide for the termination of a trial when prejudicial conduct in or outside the courtroom makes it impossible to proceed with the trial without injustice to the State as well as to the defendant; and for other purposes.

HB 712. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of those persons competent to testify in the trial of a prisoner for escape; and for other purposes.

1170

JOURNAL OF THE HOUSE,

HB 713. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of burglary; and for other purposes.

HB 714. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, so as to provide that no person shall be convicted of an assault with intent to commit a crime under certain circumstances; and for other purposes.

HB 715. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, so as to provide that no person shall be convicted of criminal attempt if the crime attempted was actually committed; and for other purposes.

HB 716. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of bribery; and for other purposes.

HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to provide that Code Section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; and for other purposes.

HB 718. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition relating to inciting to insurrection by requiring certain overt acts; and for other purposes.

TUESDAY, MARCH 4, 1969

1171

HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating thereto, and providing for a new Criminal Code, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.

HB 720. By Messrs. Harris of the 77th and Lee of the 61st: A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act lor previous Title 26 of the Code of Georgia of 1933; to make certain grammatical and spelling corrections; and for other purposes.
HB 721. By Messrs. Harris of the 77th and Lee of the 61st: A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the definition of "deprive"; and for other purposes.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st: A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other pur poses.
HR 254-722. By Messrs. Maxwell and Miles of the 78th, and Sherman of the 80th: A Resolution compensating Gerald Lee Hamlet; and for other purposes.
HB 748. By Messrs. Rainey and Bowen of the 47th: A Bill to be entitled an Act to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; and for other purposes.
SB 77. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to fix the salaries of the assistant solicitors general and the first assistant solicitor general of said court; and for other purposes.

1172

JOURNAL OP THE HOUSE,

SB 78. By Senator Johnson of the 38th:
A Bill to be entitled an Act providing a system of pension and retire ment pay to teachers and employees of the Board of Education of Fulton County, so as to provide that a teacher may be entitled to prior service credit for service rendered to Pulton County or any in corporated municipality located in whole or in part within Fulton County; and for other purposes.

SB 79. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the compensation of the sheriff of certain counties, etc.", so as to delete all limitation and reference to the pension payable to such officer; and for other purposes.

SB 154. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, so as to change the compensation of the solicitor of said court; and for other purposes.

SB 176. By Senator Maclntyre of the 40th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.

SB 178. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act providing for the licens ing of practical nurses, so as to provide that applicants for a license to practice as a practical nurse need not be a citizen of the United States; and for other purposes.

SB 179. By Senators Chapman of the 32nd, Hardy of the 56th, and Fincher of the 54th:
A Bill to be entitled an Act to provide for the necessary consents for the treatment of minors for venereal disease; and for other purposes.

SB 181. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide that it shall be unlawful for a person to force his lessee, agent or franchise dealer to purchase game promotions; and for other purposes.

TUESDAY, MARCH 4, 1969

1173

SB 188. By Senator Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Guyton, providing for the qualifications of Mayor and fixing the salary of City officials; and for other purposes.

SB 191. By Senator Bateman of the 27th:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties; to fix the amount of such supplemental salaries; and for other purposes.

SB 196. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Fannin County, known as the fee system; and for other purposes.

SB 197. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court of Fannin County, known as the fee system; and for other purposes.

SB 199. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, so as to change the compensation of the judge of said court; and for other purposes.

SB 205. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled an Act to establish a method for providing fire prevention systems in Fulton County, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four; and for other purposes.

SB 206. By Senators Johnson of the 38th, Coggin of the 35th, Stephens of the 36th, and others:
A Bill to be entitled an Act to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; and for other purposes.

1174

JOURNAL OP THE HOUSE,

SB 54. By Senators Smalley of the 28th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a Sheriffs' Retirement Fund of Georgia . . . ", so as to permit newly elected sheriffs an opportunity to join said fund; and for other purposes.

SB 69. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the "Empoyees' Retirement System of Georgia", so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney shall as a matter of right be entitled to continue his mem bership in said system; and for other purposes.

SB 74. By Senator Smalley of the 28th :
A Bill to be entitled an Act to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, so as to completely revise said fees; and for other purposes.

SR 75. By Senators Smalley of the 28th and Bateman of the 27th:
A Resolution proposing an amendment to the Constitution so as to provide certain requirements in connection with laws pertaining to retirement and pension systems expending public funds; and for other purposes.

SB 155. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corpora tion, so as to remove the limitation on the sale of federal or cor respondent funds to qualified depositories; and for other purposes.

SB 198. By Senator Trippe of the 31st:
A Bill to be entitled an Act to amend Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of three years; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, submitted the following report:

TUESDAY, MARCH 4, 1969

1175

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 524. Do Pass.

Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations, sub mitted the following reports:
Mr. Speaker:
Your Committee on Appropriations has had under consideration thet 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 17- 37. Do Pass as Amended. HR 22- 37. Do Pass as Amended. HR 57-128. Do Pass. HR 83-219. Do Pass. HR 95-276. Do Pass. HR 123-329. Do Pass.
Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Rainey of the 47th, Chairman of the Committee on Game and Fish, submitted the following report:

1176

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 648. Do Pass.

Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, sub mitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 557. Do Pass.
Respectfully submitted, Vaughn of the 74th, 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 683. Do Pass.
HB 651. Do Pass.
HB 327. Do Pass.
HB 534. Do Pass.

TUESDAY, MARCH 4, 1969

1177

HB 279. Do Pass.

HB 354. Do Not Pass.

HB 223. Do Pass by Substitute.

Respectfully submitted, Smith of the 3rd,

Chairman.

Mr. Conner of the 56th, Chairman of the Committee on Insurance, sub mitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 607. Do Pass. HB 608. Do Pass. SB 25. Do Pass. SB 30. Do Pass. SB 52. Do Pass. HB 117. Do Pass. HB 453. Do Pass. HB 132. Do Pass.

Respectfully submitted, Conner of the 56th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submitted the following report:

1178

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 388. Do Pass. HB 489. Do Pass. HB 502. Do Pass. HB 586. Do Pass. HB 592. Do Pass. HB 618. Do Pass. HB 635. Do Pass. HB 636. Do Pass. HB 637. Do Pass. HB 638. Do Pass.

HB 639. Do Pass.

HB 640. Do Pass.

HB 642. Do Pass.

HB 646. Do Pass.

HB 657. Do Pass.

HB 660. Do Pass.

HB 661. Do Pass.

HB 662. Do Pass.

HB 663. Do Pass.

HB 664. Do Pass.

:

HB 665. Do Pass.

HB 666. Do Pass.

HB 668. Do Pass.

TUESDAY, MARCH 4, 1969

1179

HB 669. Do Pass,

HB 671. Do Pass.

HB 672. Do Pass.

HB 673. Do Pass.

HB 675. Do Pass.

HB 676. Do Pass.

HB 678. Do Pass.

HB 679. Do Pass.

HB 680. Do Pass.

HB 681. Do Pass.

HB 685. Do Pass.

HB 690. Do Pass.

HB 691. Do Pass.

HB 692. Do Pass.

HB 700. Do Pass.

HB 704. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

1180

JOURNAL OF THE HOUSE,

HB 674. Do Pass.

Respectfully submitted, Williams of the llth, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 609. Do Pass.
HB 689. Do Pass.
HR 246. Do Pass.
SB 125. Do Pass by Substitute.
Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Chandler of the 34th, 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 626. Do Pass by Substitute.
HR 227-644. Do Pass.
HR 234-682. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

TUESDAY, MARCH 4, 1969

1181

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 388. By Mr. Harris of the 77th and others:
A Bill to be entitled an Act to authorize a stenographer to be present with the DeKalb County Grand Jury while witnesses are being ex amined before said Grand Jury; to provide for the appointment and compensation of said stenographer; and for other purposes.

The report 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 489. By Mr. Harris of the 77th and others: A Bill to be entitled an Act to provide that in all counties of this State having a population of more than 250,000 and less than 500,000, the clerks of the superior courts are authorized and directed to deposit certain funds and use the interest to make certain purchases upon authorization of a judge of the superior courts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 502. By Messrs. Atherton, Wilson, Kreeger, McDaniell, Henderson, Housley and Burruss of the 117th: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits of said city; and for other purposes.

1182

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 586. By Messrs. Matthews and Fallin of the 63rd:
A Bill to be entitled an Act to amend an Act establishing the Colquitt County Airport Authority, so as to change the name of said Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 592. By Mr. Moate of the 28th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, so as to change the fees and costs in connection with said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 618. By Messrs, Peters of the 2nd, Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to clarify the provisions relating to the terms of office of the mayor and alderman; and for other purposes.

TUESDAY, MARCH 4, 1969

1183

The report 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 635. By Mr. Floyd of the 7th:
A Bill to he entitled an Act to amend an Act placing the ordinary of Chattooga County on a salary basis, so as to change the amount which may be expended for clerical help for the ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 636. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to change the maximum compensation authorized for the clerk of the commissioner and the warden of the county public works camp; and for other purposes.
The report 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.

1184

JOURNAL OF THE HOUSE,

HB 637. By Mr. Ployd of the 7th:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County, so as to change the name of the City Court of Chattooga County to the Civil and Criminal Court of Chattooga Coun ty; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 638. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Chattooga County on a salary basis, so as to change the maximum amount which may be paid the deputy clerk; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 639. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Chattooga County, so as to change the compensa tion of the deputy tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 4, 1969

1185

HB 640. By Mr. Ross of the 26th:
A Bill to be entitled an Act to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Georgia Laws 1968, p. 1702, and which was ratified by the voters of Lincolnton and Lincoln County, so as to provide for appointment of members of the Lincolnton and Lincoln County Development Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 642. By Messrs. Kreeger, Burruss, Henderson, Wilson and Housley of the 117th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation of the commissioners, other than the Chairman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 646. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to create the Peach County Industrial Development Authority; to provide for all procedures, requirements and other matters in connection with 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 115, nays 0.

1186

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 657. By Messrs. Pallin, Matthews and Bostick of the 63rd:
A Bill to be entitled an Act to create a new board of education of Colquitt County; to provide for a chairman and other members of the board; to provide for all matters relative to the foregoing; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 660. By Messrs. Holder and Anderson of the 49th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, the Sheriff of said county and the Clerk of the Superior Court thereof, so as to change the compensation of the sheriff and the Clerk of the Superior Court 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 661. By Messrs. Holder and Anderson of the 49th: A Bill to be entitled an Act to amend an Act creating the office of the Tax Commissioner of Dodge County, as amended, so as to change the allowable compensation of the Clerk and employee of the Tax Com missioner of Dodge County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 4, 1969

1187

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

KB 662. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, as amended, so as to change the compensation of the Commissioner of Dodge Coun ty; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 663. By Messrs. Holder and Anderson of the 49th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively, as amended, 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 664. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, as amended, so as to provide that certain officers and employees who sell property in excess of $100.00 to said City must do so as a result of competitive bidding; to increase the number of city commissioners; and for other purposes.

1188

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 665. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act fixing the salaries of cer tain officers of Bleckley County, as amended, so as to change the com pensation 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.

HB 666. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 668. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Receiver of Bleckley County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 4, 1969

1189

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 669. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of tax commissioner thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 671. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, as amended, so as to authorize the com missioners of the City of Hawkinsville to sell and convey a certain tract of land; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 672. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Pulaski County upon a salary in lieu of the fee system, as amended, so as to increase the salary limitation of the clerk or deputy of the ordinary; and for other purposes.

1190

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 673. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Bleckley County, known as the fee system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 675. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Candler County, as amended, so as to change 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 676. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the ordinary of Candler County, so as to increase the supple mental salary of the ordinary; and for other purposes.

TUESDAY, MARCH 4, 1969

1191

The report 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 678. By Messrs. Chandler and Harrington of the 34th: A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson Coun ty", as amended, so as to provide for the election of county commis sioners for a term of 4 years; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 679. By Messrs. Edwards and Black of the 45th: A Bill to be entitled an Act to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350 according to the 1960 Federal Decennial Census or any future such census; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 680. By Messrs. Bowen and Rainey of the 47th: A Bill to be entitled an Act to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority, re lating to the issuance of and security for the bonds of the Authority; and for other purposes.

1192

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 681. By Mr. Joiner of the 35th:
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 Washington, as amended, so as to provide an expense allowance of $100 per month for each member of said Board of Commissioners; 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.

HB 685. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Wilcox County on a salary basis, so as to change the expense allow ance for said sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 690. By Mr. Grahl of the 40th: A Bill to be entitled an Act to amend an Act placing the sheriff of Crawford County upon an annual salary, so as to change the compen sation of the sheriff; and for other purposes.

TUESDAY, MARCH 4, 1969

1193

The report 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 691. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, so as to change the compensation of the clerk; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 692. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Crawford County, known as the fee system; to pro vide in lieu thereof an annual salary; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 60. By Senator Riley of the 1st:
A Resolution relative to a Foreign Trade Zone in the Port of Savannah, Georgia; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 51. By Mr. Paris of the 14th:
A Bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 years olds during the months of June, July and August under certain circumstances; and for other purposes.

HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th and others:
A Bill to provide for the registration and regulation of cemeteries; and for other purposes.

HB 112. By Mr. Harris of the 77th:
A Bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, approved February 1, 1950, as amended, so as to provide for the increasing of death benefits in the amount of $500.00; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

HB 136. By Mr. Rowland of the 42nd:
A Bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law" (now the "Employment Security Law"), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.

HB 409. By Messrs. Williams of the llth, Barber of the 15th, Smith of the 39th and Hutchinson of the 61st:
A Bill to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motor cycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motorcycles; and for other purposes.

TUESDAY, MARCH 4, 1969

1195

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

KB 263. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; and for other purposes.

HB 278. By Messrs. Lane of the 44th, Holder of the 49th and Hargrett of the 58th:
A Bill to amend Chapter 84-9 of the Code of Georgia of 1933 relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; and for other purposes.

HB 418. By Messrs. Ballard of the 23rd, Sorrells of the 24th, Farmer and Matthews of the 16th and others:
A Bill to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.

SB 65. By Senator Searcey of the 2nd:
A Bill to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967, as amended by an Act approved April 10, 1968, so as to repeal an Act establishing the Georgia Legislative Retirement System; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 74-184. By Mr. McCracken of the 36th: A Resolution authorizing conveyance of a certain tract of State-owned property (City of Louisville); and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

1196

JOURNAL OF THE HOUSE,

SB 85. By Senator Hensley of the 33rd:
A Bill to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to make regulations for in stallation, construction and maintenance of any public utility Project; to make violation a misdemeanor; to repeal conflicting laws; and for other purposes.

SB 136. By Senator Broun of the 46th:
A Bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, as amended, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; to repeal conflicting laws; and for other purposes.

SB 164. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others:
A Bill to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the application for a marriage license and the disposition thereof; to repeal conflicting laws; and for other purposes.

SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others:
A Bill to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation; and for other purposes.

SB 166. By Senator Adams of the 26th:
A Bill to amend Code Chapter 73-2, relating to the sale and inspection of petroleum products, as amended, so as to provide that all bulk storage facilities or terminals must maintain a prover system whereby accuracy of self-measuring meters may be calibrated; to repeal conflicting laws; and for other purposes.

SB 183. By Senator Webb of the llth:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act" so as to provide that local units of school administra tion may obtain competitive bids from vendors on such standard items of school equipment, supplies, services or expenses, and may purchase such items from the vendor submitting the best bid therefor to the local unit only if the bid price of such vendor is less than the State bid price on such items; and for other purposes.

TUESDAY, MARCH 4, 1969

1197

SB 201. By Senator Jackson of the 16th:
A Bill to create within the executive branch of government the Georgia Department of Water Resources; to provide the procedure connected with the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.

SB 120. By Senator Holloway of the 12th:
A Bill creating in each county or municipal corporation a Development Authority; providing for the membership thereof, to repeal conflicting laws; to provide an effective date; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 70. By Senator Jackson of the 16th:
A Bill to amend an Act abolishing the fee system in the superior courts of Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the compensation of the assistant solicitor gen eral; to change the title of the assistant solicitor general; to provide an effective date; to repeal conflicting laws; 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 260. By Messrs. DeLong of the 80th, Maxwell of the 78th and Sims of the 106th: A Bill to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.
The President has appointed on the part of the Senate the following Sen ators :
Broun of the 46th, Reeder of the 55th, and Padgett of the 23rd:
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

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JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 65. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to repeal an Act establishing the Georgia Legislative Retirement System; and for other purposes.
Referred to the Committee on State of Republic.

SB 85. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to ftiake regu lations and maintenance of any public utility Project; to make violation a misdemeanor; and for other purposes.
Referred to Committee on Highways.

SB 120. By Senator Holloway of the 12th:
A Bill to be entitled an Act creating in each county or municipal cor poration a Development Authority; providing for the membership thereof; and for other purposes.
Referred to the Committee on Industry.

SB 136. By Senator Broun of the 46th:
A Bill entitled an Act to amend an Act to Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprison ment, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 164. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others:
A Bill to be entitled an Act to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the applica tion for a marriage license and the disposition thereof; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, MARCH 4, 1969

1199

SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others:
A Bill to be entitled an Act to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

SB 166, By Senator Adams of the 26th:
A Bill to be entitled an Act to amend Code Chapter 73-2, relating to the sale and inspection of petroleum products, so as to provide that all bulk storage facilities or terminals must maintain a proper system whereby accuracy of self-measuring meters may be calibrated; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 183. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that local units of school administration may obtain competitive bids from vendors; and for other purposes.
Referred to the Committee on Education.

SB 201. By Senator Jackson of the 16th:
A Bill to be entitled an Act to create within the executive branch of government the Georgia Department of Water Resources; and for other purposes.
Referred to the Committee on Industry.

SR 60. By Senator Riley of the 1st: A Resolution relative to a Foreign Trade Zone in the Port of Savannah, Georgia; and for other purposes.
Referred to the Committee on Industry.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on University System of Georgia:

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JOURNAL OF THE HOUSE,

HB 677. By Messrs. Westlake of the 75th, Harris of the 76th and Hargrett of the 58th:
A Bill to be entitled an Act to prohibit any person from enrolling in or attending certain institutions of higher learning and receiving certain financial support from the State, who engages in certain conduct which disrupts orderly administration of any institution of higher learning in this State; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 51. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act regulating the employ ment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circum stances; and for other purposes.

The following Senate amendment was read:

The Senate Committee on Industry and Labor offers the following amend ment to HB 51:
By striking in the title the following:
"of June, July and August",
and inserting in lieu thereof the following:
"in which they are on vacation from school,".
By striking from quoted Section 2A of Section 1 the following:
"of June, July and August, a child fifteen years of age",
and by inserting in lieu thereof the following:
"in which a child fifteen years of age is on vacation from school, he",
so that when so amended, quoted Section 2A shall read as follows:
"Section 2A. Notwithstanding any other provisions of this Act to the contrary, during the months in which a child fifteen years of age is on vacation from school, he may be engaged in any

TUESDAY, MARCH 4, 1969

1201

gainful employment which is not otherwise prohibited, if he shall present to his employer the certificate required by Section 7 of this Act, and a certificate from a physician licensed to practice medicine under the provisions of Code Chapter 84-9, that the child is physically able to accomplish the tasks for which he will be en gaged during the course of his employment. This section shall not be construed so as to permit children fifteen years of age to be employed in occupations and activities which are prohibited other than by the provisions of this Act."

Mr. Hargrett of the 58th moved that the House disagree to the Senate amendment.

The motion prevailed and the Senate amendment to HB 51 was disagreed to.

HB 439. By Mr. Bray of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Meriwether County; and for other purposes.

The following Senate amendment was read:
The Senate County and Urban Affairs Committee moves to amend House Bill 439 as follows:
By striking in Section 2 after the phrase "symbols and figures" and before the phrase "so that Section 3" the phrase "eight thousand five hundred ($8,500)" and inserting in lieu thereof the following:
"eight thousand eight hundred ($8,800)"
And by striking in Section 2 after the phrase "compensated in the amount of" and before the phrase "to be paid in equal monthly install ments" the phrase "eight thousand five hundred ($8,500) per annum" and inserting in lieu thereof the following:
"eight thousand eight hundred ($8,800) per annum"

Mr. Bray of the 31st moved that the House agree to the Senate amendment.

On the motion, the ayes were 103, nays 0.

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JOURNAL OF THE HOUSE,

The motion prevailed and the Senate amendment to HB 439 was agreed to.

The following telegram from the Honorable Phil Campbell, former Commis sioner of Agriculture of Georgia, now serving as Undersecretary of Agriculture in Washington, was received and read:

Alexandria, Va. Mar. 4, 1969.
Speaker George L. Smith
State Capitol, Atlanta
At the time in Georgia of speculation of a possible offer of an ap pointment in the U.S.D.A. to me by the incoming administration, I was contacted by active farm groups, citizens, and businessmen urging that I accept such an appointment if offered. The farm groups represented tobacco, dairy, turpentine, cotton, broiler, egg, peanut, and other farm commodity producers. These groups plus others throughout the South and the nation posed a serious decision question for me as I was in the middle of my fourth elected term as Georgia Commissioner of Agri culture.
Early in life I decided on a public career of service to the people of Georgia should they accept my decision favorably at the polls. In so doing, I rejected other attractive career alternatives, including complete expense scholarships. The people of Oconee County and the State of Georgia have been very kind to me by electing me 3 times to the General Assembly and four times as Commissioner of Agriculture. Con sequently, I felt compelled to heed the pleading and requests of the agricultural groups of Georgia by resigning and accepting the position in the Federal government of Under Secretary of Agriculture as it was apparent that they felt that I could more effectively serve their interest by so doing rather than by remaining in Georgia as Commissioner of Agriculture.
The Retirement Bill passed by the Georgia House and Senate con cerning Phil Campbell allows me as Under Secretary of Agriculture to continue as a member of the Georgia Employee Retirement System with the benefits to which any member is entitled the same as though I remained in Georgia as Commissioner of Agriculture. However, I want to point out that I would make the total money payment to the Retire ment System rather than the State of Georgia making one-half the pay ments. I have no retirement under the Federal government until 5 years service and the 5 years would give only a very small retirement.
I respectfully request that you at once call this Bill as passed by the Legislature, to your desk and sign it unless upon investigation you determine that the above named groups do not feel that I am entitled to such consideration, whereupon I request that you immediately veto the bill.

TUESDAY, MARCH 4, 1969

1203

Regardless of your signature or veto, I will serve agriculture and the nation to the best of my ability within the legal framework of the U.S.D.A. as conscientiously as I always tried to do as a public official in Georgia.

To be released to press.

Respectfully, J. Phil Campbell

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 1. By Messrs. Smith of the 3rd, Brown of the 110th, Holder of the 49th and Townsend of the 115th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relat ing to the hospitalization and release of mentally ill persons by provid ing procedures for the voluntary, emergency and evaluation admissions of patients; and for other purposes.

The following Committee substitute was read:

A BILL
To be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to revise comprehensively the laws relating to the hos pitalization and release of mentally ill persons by providing a procedure for the voluntary admission of patients, the emergency admission of patients, the admission of patients for evaluation, the nonobjecting or involuntary hospitalization of patients, and the judicial hospitalization of patients to hospitals for the mentally ill; to provide certain defini tions; to provide certain rights of patients; to provide liability for vi olating provisions of Chapter 88-5; to authorize the Department of Public Health to issue and enforce regulations to implement Chapter 88-5; to provide for paying expenses of hearings; to provide for com pelling witnesses to attend proceedings; to provide the procedure to be followed when a nonresident of Georgia is hospitalized in a facility in Georgia; to provide for transferring eligible patients to the custody of an agency of the United States Government for hospitalization; to pro vide for the function of private facilities within the provisions of Chapter 88-5; to provide for the validity of prior hospitalization orders; to provide for paying certain expenses; to amend Code Section 24-1901, relating to the jurisdiction of the Courts of Ordinary, so as to confer certain jurisdiction on the Courts of Ordinary in conformity with this

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JOURNAL OP THE HOUSE,

Act; to amend Code Chapter 49-6, relating to the appointment of guardians, so as to conform the procedure for the appointment of guardians with the provisions of this Act which provide for admission of patients to treatment facilities; to repeal a specific Code Section; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Title 88 known as the "Georgia Health Code", ap proved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking Chapter 88-5 in its entirety and inserting in lieu thereof a new Chapter 88-5 to read as follows:

"CODE CHAPTER 88-5
HOSPITALIZATION OF THE MENTALLY ILL
88-501. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:

(a) 'Mentally ill' shall mean having a psychiatric disorder which substantially impairs the person's mental health;

(b) 'Department' shall mean the Georgia Department of Pub lic Health and includes its duly authorized agents;

(c) 'Facility' shall mean any state-owned or state-operated hospital or other facility utilized for the diagnosis, care, treat ment, training, or hospitalization of persons who are mentaly ill, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency; and any other hospital within the State of Georgia approved for such pur pose by the department:
(d) 'Patient' shall mean any mentally ill person who seeks hospitalization under the provisions of this Chapter, or any person for whom such hospitalization is sought;

(e) 'Superintendent' shall mean the chief medical officer of any facility receiving patients under the provisions of this Chapter or a physician appointed as the designee of such superintendent;

(f) 'Physician' shall mean a physician licensed or authorized to practice under the laws of the State;

(g) 'Private Facility' shall mean any hospital facility operated by a non-profit corporation or association, a proprietary hospital approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18);

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(h) 'Peace Officer' shall mean any city or county police officer, officer of the State Patrol, sheriff or deputy sheriff;

(i) 'Resident' shall mean a person who is a legal resident of the State of Georgia;

(j) 'Representatives' shall mean the persons appointed as pro vided in Section 88-502.15 to receive notice of the proceedings for hospitalization;

(k) 'Emergency Receiving Facility' shall mean a facility desig nated by the department to receive patients under emergency con ditions as provided in Sections 88-504.1 through 88-504.6;

(1) 'Evaluating Facility' shall mean a facility designated by the department to receive patients for psychiatric evaluation as pro vided in Sections 88-505.1 through 88-505.7;

(m) 'Treatment Facility' shall mean a facility designated by the department to receive patients for psychiatric treatment as pro vided in Sections 88-506.1 through 88-506.7 and Sections 88-507.1 through 88-507.3;

(n) 'Penal Offense' means violation of a law of the State or a political subdivision thereof for which the offender may be con fined in a State prison or a city or county jail or other penal insti
tution;

(o) 'Clinical record' shall mean all parts of the record required to be maintained under Section 88-502.10(a) and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which per tains to the patient's hospitalization and treatment.

RIGHTS OF PATIENTS
88-502.1. Protection of patient's right.--The individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restrain ing devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the supervision of a physician. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental disorder shall be deprived of any civil, politi cal, personal, or property rights without due process of law. No right or privilege granted by this Chapter shall be denied because of race, creed, or national origin.

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88-502.2. Right to care and treatment.--The policy of the State is that no person shall be denied care and treatment for mental disorder, and no services shall be delayed at a facility of the State or a political subdivision of the State because of inability to pay.

88-502.3. Quality of care and treatment.--(a) Each patient in a facility and each person receiving services for mental disorders shall receive care and treatment that is suited to his needs and such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integ rity. In order to assure proper care and treatment, the superin tendent of a facility shall require that each patient receive such medical attention as his condition demands and that, unless the patient or his representatives consent in writing, no treatment shall be given which is not recognized as standard psychiatric treatment.
(b) If a patient hospitalized under the provisions of this Chapter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The superintendent is hereby authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician.
(c) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.

88-502.4. Mechanical restraints.--Mechanical restraints shall not be applied to a patient unless it is determined by the superin tendent to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient and each such entry on the clinical record shall be signed by the superintendent.
88-502.5. Communication and visits.--(a) The intent of this Section is to enable each patient in a facility to communicate freely and privately with persons outside the facility unless such com munication is likely to be harmful to the patient or others.
(b) Except as provided in subsections (c) through (e), each patient shall be allowed to receive, send and mail sealed, unopened correspondence and no patient's incoming or outgoing correspond ence shall be opened, delayed, held or censored by the facility.

(c) If there is reason to believe that incoming or outgoing mail contains items or substances which may be dangerous to the pa tient or others, the superintendent may direct reasonable examina tion of such mail and may regulate the disposition of such items or substances found.

(d) If an injunction against communication by a patient is issued by a court, the superintendent shall restrict communication as provided by the order of the court.

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(e) If the superintendent finds that the patient's mental con dition demands restriction of communications, such communications may be restricted for a period not to exceed five days, except that correspondence of the patient with public officials or with his at torney shall not be restricted in any event under this subsection. If the superintendent finds that the patient's condition demands con tinued restriction of communications, the superintendent may order continued restriction for a period not to exceed three months. This order may be renewed by the superintendent each three months thereafter if the patient's condition demands continued restriction of communications. At each time a patient's right to communicate is ordered restricted by the superintendent, written notice of such order shall be served on the patient and his representatives as pro vided in Section 88-502.15.

(f) The circumstances surrounding the examination of any mail under subsection (c) or restriction of the right to communi cate under subsections (d) and (e) shall be recorded on the patient's clinical record.

(g) The superintendent is hereby authorized to establish rea sonable regulations governing visitors, visiting hours and the use of telephones by patients.

88-502.6. Care and custody of the personal effects of patients. --A patient's right to his personal effects shall be respected. The superintendent or his designee may take temporary custody of
such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's be longings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety pre cautions have been taken.

88-502.7. Voting in public elections.--Each patient in a facility who is eligible to vote shall be given his right to vote in the pri mary and general elections. The superintendent of each facility shall permit and reasonably assist patients (a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are pre requisite for voting; and (c) to vote by absentee ballot.
88-502.8. Employment outside the facility.--If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of patients and shall promote the training of patients for gainful em ployment after discharge. All benefits of such employment shall accrue solely to the patient.
88-502.9. Education of Children.--The rights of any child under treatment in a facility to an education within the limits of his capability shall be fully respected.

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88-502.10. Confidentiality.--(a) A clinical record for each pa tient shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. Unless waived by the patient or guardian and his attorney, the privileged and confidential status of all information given such status by Code Section 38-418 (5) shall not be lost by either authorized or unauthorized disclosure of such information to any person, organization or agency. The clinical record shall not be a public record and no part of it shall be released except:

(1) Where the superintendent of the facility where the record is kept deems it essential for continued treatment, the record may be released to physicians;

(2) The record may be released to physicians, attorneys, and government agencies as designated by the patient;

(3) The record, except for matter privileged under Code Section 38-418 (5), may be produced in response to a duly issued subpoena; the record, or any part thereof, may be re leased to persons duly authorized by an order of a court of record;

(4) When the patient is transferred to another facility, the record may be released to that facility;

(5) The record or any part thereof may be disclosed to any employee or staff member of the facility when the attending physician deems it necessary for the proper treatment of the patient.

(b) (1) The record shall be released to the patient's attorney if the attorney so requests within the four weeks preceding the time the patient becomes entitled to any hearing under the provisions of this Chapter.

(2) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient except for communications privileged under Code Section 38-418 (5) as to which the priv ilege has not been effectively waived.

(c) Nothing contained in this Section shall be taken to render admissible in court any matter which would otherwise be excluded under Code Section 38-418.

88-502.11. Judicial Supervision.--(a) At any time and without notice, a person detained by a facility or a relative or friend on be half of such person may petition, as provided by law, for a writ

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of habeas corpus to question the cause and legality of detention and to request the court on its own initiative to issue a writ for release.

(b) A patient or his representatives may file a petition in the Court of Ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privi lege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the Court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Chapter.

88-502.12. Right to legal counsel.--It shall be the responsibil ity of the department to see that every patient is given the oppor tunity to secure legal counsel to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization.

88-502.13. Designation of facility to receive patient.--(a) The department may designate the state-owned or state-operated fa cility to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and is able to pay for treatment in a private facility ap proved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accspt the patient, the department shall transfer the patient to that facility. If a private facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the department shall accept the patient and designate the stateowned or state-operated facility to which the patient shall be admitted.

(b) When the medical needs of the patient or efficient utiliza tion of the facilities of the department require, a patient may be transferred from one facility of the department to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives. A voluntary patient may be transferred only with his consent.

88-502.14. Transportation.--Except under conditions of ex treme urgency, the County Health Department shall arrange for any required transportation of the patient. In such conditions of extreme urgency, the Court of Ordinary shall, upon the request of the County Health Department, order the sheriff to transport the patient in such manner as his condition demands. Marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients ex cept under conditions of extreme urgency. At any time the County Health Department is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be

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transported at any time without another female, who is not a pa tient, in attendance, unless such female patient is accompanied by her husband, father, adult brother or adult son.

88-502.15. Notice.--(a) At the time a patient is admitted to any facility under the provisions of this Chapter, the names and addresses of two representatives shall be entered in the patient's clinical record and notice of the patient's admission shall be given to the representatives in writing. If the admission is to an Emer gency Receiving Facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible. The patient may designate one representative; the second representative, or in the absence of designation of one rep resentative by the patient, both representatives, shall be selected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing.

(b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of two representatives for the patient as pro vided for herein. If the facility is unable to secure such representa tives after diligent search, that fact shall be entered in the patient's clinical record, and the facility shall apply to the Court of Ordinary for the appointment of a guardian ad litem. On application of any person or on its own motion, the Court of Ordinary may also ap point a guardian ad litem for a patient for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter, and shall have the powers granted to representatives by this Chapter.

(c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a). The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by registered or certi fied mail. When notice is served by mail, service is complete upon mailing.

(d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered an the patient's clinical record. If the patient is unable to read a writ ten notice understandably, a reasonable effort shall be made to explain the notice to him.

(e) At the time a Court of Ordinary enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his repre sentatives as provided in subsection (c) hereof.

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88-502.16. Appeal.--The patient, his representatives, or his at torney may appeal any order of the Court of Ordinary rendered in a proceeding under this Chapter to the Superior Court of the county in which the proceeding was held. Such appeal must be filed within ten days of the entry of the order complained of and the patient must pay all costs or must make an affidavit that he is unable to pay costs. The appeal shall be made in the same manner as other appeals from the Court of Ordinary to the Superior Court, where the issue shall be submitted to a jury as in other cases be fore that Court, with further rights of review as now or herein after are provided by law.

88-502.17. Access to physicians.--At reasonable times, the patient's attorney shall have the right to interview the physicians who have attended the patient in any facility. The superintendent is hereby authorized and directed to establish reasonable regulations to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization.

88-502.18. Liability for violations.--Any person who willfully violates or willfully abuses any provision of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such wrongful conduct. Any physician, peace officer, health officer, or hospital officer, agent, or employee, whether em ployed by a private hospital or at hospital facilities operated by the State, a political subdivision of the State, or by a. hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a pa tent to a facility or the discharge of a patient from a facility.

VOLUNTARY ADMISSION
88-503.1. Authorty to receive voluntary patients.--(a) The su perintendent of any facility may receive for observation and di agnosis any individual 18 years of age, or older, making applica tion therefor, any individual under 18 years of age for whom such application is made by his parent or guardian and any person le gally adjudged to be incompetent for whom such application is made by his guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility for such period and under such conditions as may be authorized by law.
(b) The superintendent of any Evaluating Facility may receive for observation and diagnosis any individual 14 years of age or older who makes application therefor. If such individual is under 18 years of age, his parent or guardian may apply for his dis charge and the superintendent shall release the patient within five days of such application for discharge.

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88-503.2. Discharge of voluntary patients.--The superintendent of the facility shall discharge any voluntary patient who has re covered from his mental illness or who has sufficiently improved that the superintendent determines that hospitalization of the pa tient is no longer desirable. He may also discharge any voluntary patient, if to do so would, in his judgment, contribute to the most effective use of the facility in the care and treatment of mentally ill persons: Provided, however, that in no event shall any such pa tient be discharged if, in the judgment of the superintendent of such facility, such discharge would be unsafe for the patient or others.

88-503.3. Right of voluntary patients to discharge on applica tion.--(a) A voluntary patient who is admitted to a facility pur suant to Section 88-503.1, or his legal guardian, parent, spouse, attorney or adult next-of-kin, may request his discharge in writing at any time after five days following his admission to the facility, excluding Saturdays, Sundays and legal holidays. This request may be submitted to the superintendent or to any staff physician or staff registered nurse of the facility for transmittal to the superintend ent. If the patient or another on his behalf makes an oral request for release to any staff physician or staff registered nurse, the patient must, within three days, Saturdays, Sundays and legal holi days excluded, be given assistance in preparing a written request. If a written request is submitted to a staff physician or staff reg istered nurse, the physician or nurse shall deliver the request to the superintendent within 24 hours. Within five days, excluding Satur days, Sundays, and legal holidays, of the delivery of a written request for release to the superintendent, the patient must be dis charged from the facility unless the superintendent finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary hospitalization must be initiated under Section 88-506.3 prior to the expiration of such five-day period. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the dis charge may be conditioned upon the agreement of the patient thereto. If the patient was admitted before the age of eighteen on the application of his parent or guardian under Section 88-503.1, his discharge prior to becoming 18 years of age may be conditioned upon the consent thereto of his parent or guardian. If the patient was admitted as an adjudged incompetent on the application of his guardian under Section 88-503.1, his discharge prior to a legal restoration of competency may be conditioned upon the consent thereto of his guardian.
(b) Notwithstanding any other provision of this Chapter, pro ceedings for the involuntary hospitalization of an individual re ceived by a facility as a voluntary patient shall not be commenced unless the discharge of the voluntary patient is first requested as provided in subsection (a) hereof.
88-503.4. Notice of rights to release.--At the time of his ad mission and each six months thereafter, a voluntary patient ad mitted to a facility under Section 88-503.1 and his representatives shall be notified in writing, as provided in Section 88-502.15, of his right to discharge on application under Section 88-503.3.

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88-503.5. Transfer to voluntary status--The attending physi cian shall encourage any involuntary patient to transfer to volun tary status of hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clini cal record. Any involuntary patient who so applies shall be trans ferred to voluntary status of hospitalization immediately, unless the superintendent finds that this would be not in the best inter est of the patient, which finding shall be entered in the patient's clinical record and signed by the superintendent. When such trans fer to voluntary status occurs, notice shall be given to the patient and his representatives, and, if the patient was hospitalized under an order of court, to the court which entered such order.

EMERGENCY ADMISSION
88-504.1. Criteria for emergency admission.--Any person be ing within the State may be admitted under the provisions of Sec tions 88-504.2 through 88-504.6 if (a) the person appears to be men tally ill and a danger to himself or others and is conducting him self in a manner which in a person not mentally ill would consti tute a penal offense as defined in Section 88-501 (n), or (b) ap pears to be mentally ill and is overtly threatening to commit sui cide, or (c) has been examined by a physician, within the preced ing 48 hours, who has executed a certificate stating that the per son appears to be mentally ill and is likely to injure himself or others.
88-504.2. Facility for emergency admission.--Any state-owned or state-operated facility may be designated by the department as an Emergency Receiving Facility. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.
88-504.3. Admission to an Emergency Receiving Facility.--(a) The Court of Ordinary may enter an ex parte order stating that a person appears to meet the criteria of Section 88-504.1 and the findings on which that conclusion is based, and may direct that a peace officer take the person into custody and deliver him forthwith to the nearest available Emergency Receiving Facility where such person shall be received for examination. The order of the Court shall be made a part of the patient's clinical record.
(b) Any peace officer may take into custody a person who ap pears to meet the criteria of Section 88-504.1 and deliver him forth with to the nearest available Emergency Receiving Facility, where he shall be received for examination. The officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report shall be made a part of the patient's clinical record.

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(c) Any physician may execute a certificate stating that he has examined a person within the preceding 48 hours and found that the person appears to be mentally ill and is likely to injure himself or others, and the observations upon which that conclu sion is based. The physician's certificate authorizes any peace offi cer to take the person into custody and to deliver him forthwith to the nearest available Emergency Receiving Facility, where he shall be received for examination. Such physician's certificate shall be made a part of the patient's clinical record.

88-504.4. Examination in Emergency Receiving Facility.--A patient who is received by an Emergency Receiving Facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treat ment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining
physician concludes that there is reason to believe that the patient may require hospitalization in a Treatment Facility and executes a certificate to that effect within 24 hours of the patient's admission to the Emergency Receiving Facility. The physician's certificate shall be served on the patient and his representatives together with written notice that the patient or his representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. Within 24 hours of the execution of the physician's certificate, the patient shall be trans ported, as provided for in Section 88-502.14, to an Evaluating Fa cility where he shall be received under the provisions of Section
88-505.4.

88-504.5. Release from Emergency Receiving Facility.--At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the patient shall be discharged, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer.

88-504.6. Notice of right to court hearing.--Immediately upon arrival of a patient at an Emergency Receiving Facility under Sec tion 88-504.3, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. The notice of the patient's hospitalization in an Emergency Receiving Facility given to the patient's representatives under the provisions of Section 88-502.15 (a) shall include a clear notification that the representa tives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11.

ADMISSION FOR EVALUATION
88-505.1. Facility for psychiatric evaluation.--Any state-owned or state-operated facility may be designated by the department as an Evaluating Facility. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.

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88-505.2. Petition for court-ordered evaluation.--(a) Any per son may file an application, executed under oath, with the County Health Department for a court-ordered evaluation of a patient lo cated within the county who is alleged to be mentally ill and (1) a danger to himself and others or (2) incapable of caring for his physical health and safety. Upon the filing of such an application, the County Health Department shall make a preliminary investiga tion to determine whether or not there is reason to believe that the subject of the application is mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. If the investigation shows that these criteria are met, the County Health Department shall file a petition with the Court of Ordinary in the county where the patient is located, seeking an in voluntary admission for evaluation.

(b) Any person may file a petition with the Court of Ordinary, executed under oath, alleging that a patient within the county is mentally ill and (1) is a danger to himself or others or (2) is in capable of caring for his physical health and safety. The petition must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be mentally ill and in need of hospitalization, and that a full evaluation of the patient is necessary.
88-505.3. Evaluation on court order.--(a) The Court of Ordi nary shall set a hearing on the petition filed under subsection 88-505.2(a) or 88-505.2(b) and shall serve notice of such hearing on the patient and his representatives as provided in Section 88-502.15. If service is made in person, the hearing shall be set within 48 hours, Saturdays, Sundays, and holidays excepted, of the date of service of the notice. If the patient or any representative is served by mail, the hearing shall be set within five days, Saturdays, Sun days, and holidays excepted, of the date such notice is mailed. A copy of the petition shall be attached to the notice of the time and place of the hearing. In all cases, the Court shall grant a continu ance upon application by the patient or his representatives if nec essary to permit the patient to prepare for the hearing. Two rep resentatives for the service of the notice provided herein shall be designated by the Court, one of whom shall be selected from the following in the order of listing, other than the person who filed the petition: the patient's legal guardian, spouse, and adult child, parent, attorney, adult next-of-kin, or adult friend. The second rep resentative shall be selected from the above list without regard to the order of listing. If two representatives cannot be located after diligent search, the Court shall appoint a guardian ad litem who shall serve as representative. The hearing may be waived in writing by the patient and his representatives. If the hearing is not waived, it shall be held in an informal manner and at a location which will not be harmful to the mental health of the patient. The patient shall have a right to counsel. The Court shall inform the patient of that right and, if the patient is unable to afford counsel, the Court shall appoint counsel. The rules of evidence and formal rules of procedure shall not apply. The Court shall receive all relevant testimony and evidence.

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(b) After a full hearing, or, if the hearing is waived, after a full review of the evidence, if the Court is satisfied that immediate evaluation is necessary, the Court shall issue an order to any peace officer to deliver the patient forthwith to a designated Evaluating Facility. If the Court is satisfied that evaluation is necessary, but that the patient need not be hospitalized immediately for his own safety or that of others, the Court may order the patient to appear at a designated Evaluating Facility at a specified time within three days, Saturdays, Sundays and legal holidays excepted. If the pa tient fails to appear at the specified time, the order of the Court, countersigned by the superintendent of the Evaluating Facility, or his designee, to show that the person did not appear as ordered, shall authorize and direct any peace officer to take the person into custody and deliver him forthwith to the specified Evaluating Facility.

88-505.4. Admission to an Evaluating Facility.--Any person who is brought to an Evaluating Facility under the provisions of Section 88-504.4 or appears under a court order as provided in Sec tion 88-505.3 or Section 88-507.3 shall be received for evaluation and such treatment is indicated by good medical practice.

88-505.5. Evaluation by an Evaluating Facility.--A patient who is admitted to an Evaluating Facility under Section 88-505.4 may be detained for a period not to exceed five days. The staff physicians of the Evaluating Facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears desirable, unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Within the five-day evaluating period, (a) the patient must be re leased under Section 88-505.6, or (b) the patient must agree to hos pitalization as a voluntary patient, without objection from this rep resentatives, in which case the provisions of this Chapter on volun tary admission apply with the date of voluntary admission being set as the sixth day after admission to the Evaluating Facility, or (c) proceedings for involuntary hospitalization under Section 88-506.3, must be initiated unless the patient was received by the Evaluating Facility under Section 88-507.3, in which case the pa tient must be returned to the jurisdiction of the Court.

88-505.6. Power to discharge patient.--At any time the patient is found not to require hospitalization or further detention for evaluation, the Evaluating Facility shall discharge the patient, un less the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer authorized by law to take the patient into custody. Notice of the discharge shall be given to the patient and his representatives, as provided in Section 88-502.15, and (a) if the patient was admitted to the Emergency Receiving Facility under subsection 88-504.3 (a), to the Court which entered the order; (b) if the patient was taken into custody under subsection 88-504.3 (b), to the agency which took the patient into custody; (c) if the admission to the Emergency Receiving

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Facility was under subsection 88-504.3 (c), to the physician who executed the certificates; and (d) if the admission to the Evaluat ing Facility was under Section 88-505.3 or Section 88-507.3, to the Court which ordered the evaluation.

88-505.7. Power to transfer.--Any patient admitted to an Evaluating Facility may apply to the superintendent of that fa cility for transfer at his own expense to any other approved Eval uating Facility. If the Evaluating Facility to which transfer is re quested agrees to admit the patient, he shall be transferred forth with. In such case, the provisions of Section 88-505.5 shall apply and the time periods specified shall be counted from the date of admission to the Evaluating Facility to which the patient is trans ferred. Notice of the transfer shall be given to the patient's rep resentatives, as provided in Section 88-502.15, at the time of trans fer and, if the patient was admitted to the Evaluating Facility under Section 88-505.3 or Section 88-507.3, to the Court which ordered the evaluation.

INVOLUNTARY HOSPITALIZATION; NONOBJECTING HOSPITALIZATION
88-506.1. Criteria for nonobjecting or involuntary hospitalization.--A person being within the State may be hospitalized under Sections 88-506.2 through 88-506.7 if he is mentally ill and is (a) likely to injure himself or others if not hospitalized or (b) in capable of caring for his physical health and safety.
88-506.2. Facility for treatment.--Any state-owned or stateoperated facility may be designated by the department as a Treat ment Facility. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.
88-506.3. Admission to a Treatment Facility.--A patient may be hospitalized in a Treatment Facility under the provisions of Sections 88-506.2 through 88-506.7 only upon recommendation of the superintendent of an Evaluating Facility where the patient has been examined, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the criteria of Section 88-506.1 are met. Such recom mendation of the superintendent and opinions of the physicians shall be entered on a hospitalization certificate, which certificate shall authorize the patient to be retained by the Evaluating Facil ity pending transfer to a Treatment Facility or completion of a hearing under Section 88-506.4. The certificate shall be filed with the department and copies shall be served on the patient and his representatives, as provided in Section 88-502.15, accompanied by: (a) a plain and simple notice that the patient or his representatives may apply for a hearing on the issue of the patient's need for hos pitalization; (b) a petition for such hearing which requires only the signature of the patient or his representatives for completion; (c) a notice that the petition may be filed in the Court of Ordinary in the county in which the patient is hospitalized at the time the

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certificate is executed or in the county of residence of the patient, and the address of such Courts; and (d) a notice that the patient or his representatives may apply immediately to the Court of Or dinary to have counsel appointed if the patient cannot afford coun sel. This petition may be filed at any time within six months of the date of the certificate. If no petition for a hearing is filed within five days after the certificate is served on the patient's representa tives, the certificate shall serve as authorization for the patient to be transported to a Treatment Facility as provided in Section 88-502.14, and as authorization to the Treatment Facility to admit the patient for care and treatment. The Treatment Facility may re tain a patient admitted under this Section for a period not to ex ceed six months from the date of admission. If continued hospitali zation is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.5.
88-506.4. Procedure if Hearing is Requested.--If a petition for a hearing is filed, the Court of Ordinary shall serve notice on the superintendent of the facility in which the patient is hospitalized and shall hold the hearing within five days unless the Court grants a continuance for good cause. The patient, his representatives, or the superintendent of the facility where the patient is hospitalized may apply for a change of venue for the convenience of parties or witnesses or because of the condition of the patient. A change of venue may be ordered within the discretion of the Court. The pa tient shall have a right to counsel. The patient and his representa tives shall be informed of this right by the Court and, if the patient cannot afford counsel, the Court shall appoint counsel. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Court, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Court's action. The Court shall re ceive all relevant testimony and evidence. One of the physicians who executed the certificate in Section 88-506.3 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Court concludes that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall order the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treat ment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If continued hospitalization is necessary at the end of that period, the superin tendent shall apply for an order authorizing such continued hos pitalization under Section 88-506.5.
88-506.5. Procedure for Continued Hospitalization.--(a) If continued hospitalization of a patient is necessary, the superintend ent shall, prior to the expiration of the period during which the Treatment Facility is authorized to retain the patient by the pro visions of this Chapter, apply for an order authorizing such con tinued hospitalization under the provisions of subsection (c).

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(b) If the superintendent finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2) for an individual who was hospitalized while under the jurisdiction of a Juvenile Court, but who is about to reach the age of 21, the superintendent shall apply for an order authorizing such continued hospitalization under subsection (c) and the provisions of this Chapter shall apply fully to such patient after that time.

(c) (1) The superintendent may seek an order authorizing continued hospitalization by filing a petition therefor in the Court of Ordinary in the county of the patient's residence and serving such petition on the patient and his representatives, as provided in Section 88-502.15. The petition shall contain a plain and simple statement that (i) the patient or his representatives may file a request for a hearing with the Court within fifteen days after service of the superintendent's petition and that (ii) if the patient cannot afford counsel, upon request by the patient, counsel will be appointed immediately by the Court of Ordinary in the county where the Treatment Facility is located or, upon request by the patient's representatives, in the county of the patient's residence.

(2) If a hearing is not requested within fifteen days of service of the petition on the patient and his representatives, the Court may order continued hospitalization if satisfied that such hospitali zation is necessary. Such order shall authorize the Treatment Facility to retain the patient for a period not to exceed one year.

(3) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintendent and shall transmit the petition and the re quest for a hearing to the Court of Ordinary in the county where the Treatment Facility is located. The Court shall set a time and place for the hearing to be held within ten days of the time the Court receives the petition. Notice of the hearing shall be served on the patient and his representatives as provided in Section 88-502.15. The Court may grant a continuance for good cause. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Court. The patient shall have a right to counsel. The patient and his representatives shall be in formed of this right by the Court and, if the patient cannot afford counsel, the Court shall appoint counsel. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Court, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Court's action. The Court shall receive all rele vant testimony and evidence. At least one physician attending the patient at the Treatment Facility shall be a witness but his testi mony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Court concludes that the patient

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requires continued hospitalization, the Court shall so order and the Treatment Facility shall thereby be authorized to retain the patient for a period not to exceed one year.

88-506.6. Power to discharge patient.--At any time a patient is found by the superintendent no longer to meet the criteria of Section 88-506.1, the superintendent may (a) discharge the patient, unless the patient is under criminal charges, in which case he shall be placed in the custody of a peace officer duly authorized by law to take the patient into custody; or (b) transfer the patient to vol untary status at the patient's request as provided in Section 88-503.5; or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in Section 88-506.7. Notice of the discharge or the transfer of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order.

88-506.7. Convalescent status; rehospitalization.--The super intendent of the Treatment Facility may place an improved pa tient on convalescent status when he believes that such action is in the best interest of the patient. Notice of the patient's placement on convalescent status shall be given to the patient and his repre sentatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order. Placement on convalescent status shall include provisions for continuing responsibility to and by the facility, including a plan of treatment on an out-patient basis. The superintendent of the facility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, re-hospital ize the patient when the condition of the patient requires. On ap plication by the superintendent to the Court of Ordinary in the county where the patient is found, the Court shall issue an order directing that the patient be transported to the Treatment Facility as provided in Section 88-502.14. The convalescent status shall au tomatically expire at the end of the period during which the Treatment Facility was authorized to retain the patient under the provisions of this Chapter, unless the superintendent, upon deter mining that further hospitalization may be required if the con valescent status is not continued, shall apply for an order autho rizing the continuance of the convalescent status for an additional period not to exceed one year. Such application for continuance of convalescent status shall be filed in the manner provided for in subsection 88-506 (c) (1) and the Court of Ordinary shall conduct proceedings as provided in subsections 88-506.5 (c) (2) and 88-506.5 (c) (3) to determine whether or not the patient's condi tion requires the convalescent status to be continued.

JUDICIAL HOSPITALIZATION
88-507.1. Criteria for judicial hospitalization.--A person may be hospitalized under Section 88-507.2 and 88-507.3 if he is men tally ill, and he is (a) likely to injure himself or others if not hos pitalized or (b) incapable of caring for his physical health and safety.

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88-507.2. Petition for judicial hospitalization.--Any person may file a petition, executed under oath, in the Court of Ordinary in the county where the patient is found, alleging that the criteria of Section 88-507.1 are met. The petition shall be accompanied by the certificate of a physician stating that the physician has ex amined the patient within the preceding five days and that the criteria of Section 88-507.1 are met.

88-507.3. Procedure for hearing.--(a) The Court of Ordinary shall enter the names and addresses of representatives of the pa tient on the petition. The patient may designate one representative; a second representative, or in the absence of designation of one representative by the patient, two representatives, shall be selected by the Court, one of whom shall be selected from the following in the order of listing, other than the person who executed the peti tion under Section 88-507.2: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. The Court shall make dili gent efforts to secure names and addresses of two representatives for the patient as provided for herein. If the Court is unable to secure such representatives after diligent search, that fact shall be entered in the record of the case, and the Court shall appoint a guardian ad litem. Such guardian ad litem shall act as representa tive of the patient.
(b) The Court shall issue a commission directed to three rep utable persons, two of whom shall be practicing physicians in good standing, said physicians to be residents of the county, if that num ber reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney appointed by the Court), or the solicitor of any city court located in said county, and if no county attorney or solicitor of said city court, the dis trict attorney of the circuit or some attorney of the county ap pointed by him. The Commission shall be sworn to examine the patient according to the best of its ability and to report to the Court its findings as to the mental condition of said patient and as to his need for hospitalization. Provided, however, that in the event the patient shall be financially unable to employ counsel to represent him in said hearing, then the Court shall appoint an at torney to represent said patient. The attorney so appointed shall be compensated in the same manner and in the same amount as the members of the Commission, but he shall not be a member of the Commission.
(c) The Court shall set a date for the hearing within five days of the time the petition is filed unless a continuance is granted for good cause. Notice of the hearing shall be served on the patient and his representatives in person or by registered or certified mail. The notice shall be accompanied by a plain and simple statement that the patient is entitled to counsel and that, if the patient can not afford counsel, the Court will appoint counsel on request by the patient or his representative.

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(d) The Court may at any time during the proceedings order the sheriff of such county to take the patient in custody, if deemed necessary for the protection of the patient, or others, and provided that an affidavit is submitted by a physician that said patient is violent or for other reasons is liable to do physical harm to him self or others. It shall be the duty of the Court to have such patient examined within 24 hours by the county physician or a physician who is in active practice and who maintains a permanent office.
(e) At any time during the pendency of the proceedings, at the request of the patient or his representatives, the Court shall order the patient to be examined by a designated Evaluating Fa cility. Upon such order, the patient shall be taken to the Evaluat ing Facility under the provisions of Section 88-502.14, where he shall be received under the provisions of Section 88-505.4.
(f) At the time of the hearing, the Court shall inform the patient and his representatives of his right to counsel if counsel has not been employed or appointed. If the patient or his repre sentatives request, the Court shall allow sufficient time for coun sel to be employed and prepare for the case. If the patient cannot afford counsel, the Court shall appoint counsel and shall allow the appointed counsel sufficient time to prepare for the case. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. The Commission shall receive all relevant testimony and evidence. The physician who executed the certificate filed with the Court under Section 88-507.2 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit.
(g) Said examining committee shall file its written report with the Court within five days after completion of the examination hearing. If said examining committee's report is not unanimous to the effect that it finds the patient to be mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court without taking further action shall terminate the pro ceedings and dismiss the petition.
(h) If the examining committee unanimously reports that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall enter an order autho rizing hospitalization of the patient. If the examining committee was convened by the Court under Section 88-507.3 (b), the hos pitalization order shall require the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment.
If the examining committee was convened by the Court under Section 49-610, the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to an Evaluat-

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1223

ing Facility where he shall be admitted for evaluation. The patient may be detained in the Evaluating Facility for five days. If two physicians who have examined the patient within that five-day period conclude that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, they shall execute a hospitalization certificate stating such conclusion. The patient shall then be transferred to a Treatment Facility, where he shall be admitted for care and treatment, if the super intendent of the Evaluating Facility so recommends by endorsing such recommendation upon the hospitalization certificate. The cer tificate shall be filed with the department and copies shall be served on the patient and his representatives as provided in Section 88-502.15. If a hospitalization certificate is not executed within the five-day period during which the Evaluating Facility is autho rized to detain the patient or if the superintendent of the Evaluat ing Facility does not recommend that the patient be transferred to a Treatment Facility, the patient shall be discharged forthwith under the provisions of Section 88-505.6.

(i) The hospitalization order and the report of the examining committee shall be delivered by the Court to the facility to which a patient is admitted under subsection (h) at or before the time the patient is admitted and shall be made a part of the patient's clinical record.

(j) The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If con tinued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.5.

GENERAL PROVISIONS
88-508.1. Authority of department to issue regulations.--The department is hereby authorized to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of the mentally ill. In addition to the other powers provided by this Chapter, the de partment shall have the authority to prescribe the forms of applica tions, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require such reports from superintendents as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospitaliza tion procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate com plaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appro priate to carry out the provisions of this Chapter: Provided, how ever, that the requirements of this Section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administra tion or other federal agency.

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88-508.2. Expenses of hearings; how paid.--(a) The Ordinary shall draw his warrant upon the treasury of his county for such sum or sums as shall be actually necessary or requisite to defray the expense of proceedings pursuant to this Chapter and the serv ices of any attorney appointed to represent a patient before the Court as provided for in this Chapter. Provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the Superior Court shall be the same as provided for in other appeals from the Court of Ordinary.

(b) The total costs to be paid to the Court of Ordinary for a hearing provided for under Sections 88-505.3, 88-506.4, and 88-506.5 shall be the sum of $40.00.
(c) For the hearing under Section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $10.00 and actual expenses to each member. The total costs to be paid to the Court of Ordinary for such hearing shall be the sum of $25.00.
(d) The Ordinary of the county in which a Treatment Facility is located, in lieu of the costs to be paid to the Court of Ordinary for a hearing provided under subsection (b), may, subject to the approval of the governing authority of the county, enter into a contract with the department on an annual basis for payment for rendering all or part of the services to be performed by the Ordi nary under Section 88-506.5, relating to continued hospitalization. The proceeds of the contract shall be retained by the Ordinary for the payment of costs incurred in the performance of the duties prescribed in said contract.
88-508.3. Compelling attendance of witnesses.--The Court of Ordinary may issue subpoena for witnesses to appear in proceed ings authorized by this Chapter and on failure of the witnesses to attend may compel attendance in the manner provided by law.
88-508.4. Procedure upon discovery that individual is a non resident.--If a hospitalized patient is discovered not to be a 'resi dent' as defined in Section 88-501 hereof, the superintendent of the Treatment Facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his residence or to a publicly-owned or publicly-operated psychiatric hospital in the State of his residence. Provided, that nothing con tained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accord ance with the terms of a reciprocal agreement between the State of Georgia and any other State, the District of Columbia, or Ter ritory or Possession of the United States. This Section shall not

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1225

apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other federal agency.

88-508.5. Hospitalization by an agency of the United States.-- (a) If a patient ordered to be hospitalized pursuant to this Chap ter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a certifi cate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care, or treatment there in, may transfer him to the custody of such agency for hospitalization. When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall with respect to such individual be vested with the same powers and duties as the superintendents of facilities within this State with respect to all matters within the provisions of this Chapter. Juris diction is retained in the appropriate courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and to order his release and every transfer of a patient by the department to this Section is so conditioned.

(b) An order of a court of competent jurisdiction of another State, Territory, or Possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the Court entering the order; and the Courts of the State, Territory, Posses sion or District issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of in quiring into his mental condition and of determining the necessity for continuance of his hospitalization, as is provided in subsection (a) of this Section with respect to patients ordered hospitalized by the courts of this State. Consent is hereby given to the appli cation of the law of the State, Territory, Possession or District in which is located the Court issuing the order for hospitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hospitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administration or other federal agency.

88-508.6. Private facilities.--Any private facility within this State may be approved as a Private Emergency Receiving Facility, a Private Evaluating Facility, or a Private Treatment Facility by the department at the request of or with the consent of the gov erning officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on Volun-

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tary Admission, Emergency Admission, Admission for Evaluation, and Involuntary or Nonobjecting Hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private facility or for whom space is not available in such private facility. The Courts of Ordinary may order or authorize a patient to be hospitalized in any such private facility under this Chapter only with the prior agreement of such private facility to receive the patient, and with the approval of the patient and his representa tives.

88-508.7. Validity of prior hospitalization orders.--No hospi talization of a mentally ill person, lawful before the effective date of this Chapter, shall be deemed unlawful because of the enactment of this Chapter. The department is authorized to establish reason able regulations to require that the superintendent of each Treat ment Facility apply under Section 88-506.5 for an order authorizing continued hospitalization of any patient, for whom such hospitali zation is necessary, who was initially hospitalized under an order
of a Court of Ordinary prior to the effective date of this Chapter.
Such prior orders of hospitalization entered by the Courts of Ordi
nary unless superseded by an order under this Chapter, shall re
main valid until one year following the effective date of this Sec
tion, after which all such orders shall be null and void and of no
effect.

88-508.8. Expenses for transporting and examining patients.-- The responsibility for paying the expenses for transporting patients and the expenses for examining and caring for patients which are not provided for under an Act approved March 23, 1960 (Ga. Laws 1960, p. 1138), relating to the payment of costs of care of persons admitted to State institutions under the Georgia Department of Public Health, as amended, shall be in the following order:

(a) The patient or his estate;

(b) Persons legally obligated or legally responsible for the support of the patient;

(c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility;

(d) The department when the General Assembly appropriates funds for such purpose.

The department is hereby authorized to issue rules and regu lations governing the provisions of this Section as it relates to said department."

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Section 2. Code Section 24-1901, relating to the subject matter jurisdiction of the Court of Ordinary, is hereby amended by striking the following:

"9. The issuing of commissions of lunacy in conformity to law.",

and inserting in lieu thereof the following:

"9. All such matters as may be conferred on them by Chap ter 88-5."

Section 3. Code Chapter 49-6, relating to the appointment of guardians, is hereby amended by striking Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611 in their entirety and inserting in lieu thereof new Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611, to read as follows:

"49-604. Procedure for appointment of a guardian.--Guardians for persons who are mentally ill, mentaly retarded, or mentally in competent to the extent that they are incapable of managing their estates may be appointed by the several Ordinaries as follows:

(a) (1) At any time during procedures for the hospitalization of a patient under Chapter 88-5 or while a patient is hospitalized under such Chapter, any person in interest may file a petition under oath with the Court of Ordinary in the county of the patient's residence for the appointment of a guardian of the person or the property of the patient or both. Upon the filing of such petition, the Court may request from the superintendent of any hospital where the patient is hospi talized an evaluation to determine whether or not the patient is mentally ill to the extent that he is incapable of managing his estate.
(2) If the patient is hospitalized in an Evaluating Facility and if the Court, upon an affidavit of the superintendent of the Evaluating Facility stating that the patient is mentally ill and incapable of managing his estate, finds that a guardian must be appointed immediately in order to protect the estate, the Court may enter an ex parte order appointing a temporary guardian to serve so long as the patient is in the Evaluating Facility. Such guardianship shall terminate automatically upon transfer or discharge of the patient from the Evaluating Fa cility.

(3) In all other cases in which a petition for the appoint ment of a guardian is filed under subsection (a), the petition shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of managing his estate and the Court shall conduct a hearing under the procedures specified in Section 88-506.4, if hospitalization of the patient is being sought under Section 88-506.3; under the procedures

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specified in Section 88-507.3, if hospitalization is being sought under Section 88-507.2; or under the procedures specified in subsection 88-506.5 (c) (3) if the patient is then hospitalized in a Treatment Facility. The Court may combine in one pro ceeding the hearings on the issue of hospitalization and on the issue of the appointment of a guardian. If the finding in such a hearing is that the patient is mentally ill to the extent he is incapable of managing his estate, the Court may appoint a guardian of the person or property of the patient or both. In such event the Court shall enter a written opinion stating its findings of fact.

(b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with a physician's certifi cate to like effect being attached to such application, the Court of Ordinary of the county in which the allegedly mentally incompetent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 88-507.3, and if the Commission finds that the person is mentally ill and incapable of managing his estate, the Court may appoint a guardian of the property or the person or both, provided that the Court shall not order the al legedly mentally incompetent person hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary in the interest of the welfare of such person or of the welfare of others of the community in which such person resides.

"49-605. Notice to Ordinary of discharge from a Treatment Facility; subsequent order by Ordinary; procedure for termination of guardianship when ward is not hospitalized or if ward is re stored to mental health to the extent he can manage his estate but remains hospitalized.--(a) Any person who has been involun tarily hospitalized under Sections 88-506.3 or 88-507.2, or volun tarily hospitalized by his guardian under Section 88-503.1 for whom a guardian has been appointed and who has been discharged from the Treatment Facility as being restored to mental health shall be deemed to be restored to mental health to the extent that he is
capable of managing his estate and no longer in need of a guardian.
The superintendent of the Treatment Facility, upon the release of
the person restored to mental health shall notify the Court of
Ordinary which appointed the guardian of such person. The judge
of the Court of Ordinary, before the expiration of 30 days from
the date of receipt of said notice shall enter an order declaring
such person restored to mental health and capable of managing
his estate and the guardian of such person shall forthwith deliver
over to such person his property, money and other effects in the
hands of such guardian.

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1229

(b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, personally or by attorney, petition the Ordinary of the county in Georgia where such person legally resides, setting forth the facts and pray ing for a judgment terminating the guardianship. Such petition may be brought even, though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is incapable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 88507.3, a hearing shall be set on the issue of whether such person is no longer mentally ill to the extent that he is incapable of managing his estate. If the guardianship was ordered following a hearing under Section 88-506.4, the hearing on the termination shall be held under the procedures of Section 88-506.4. If the guard ianship was ordered following a hearing under Section 88-507.3, the hearing on the termination shall be held under the procedures of Section 88-507.3. The Court of Ordinary shall enter its order either denying or granting such petition, with further rights of appeal from the order of the Court of Ordinary as provided in Section 88-502.16.

"49-606. Validity of prior guardianships.--No guardianship, lawful before the date of the amendment of Section 49-604 by this Act, shall be deemed unlawful because of said amendment, and any such guardianship shall continue subject to the provisions for termination of guardianship as provided in Section 49-605. It is the intent of this Section that from the effective date of Chap ter 88-5 all crders respecting the guardianship of the mentally ill shall be governed by the provisions of this Chapter but that no new proceedings need be instituted for the continuation of guard ianships pursuant to laws existing prior to the effective date of Chapter 88-5.

"49-610. Examining committee in certain counties.--In any county where there shall be only one physician residing in the county, the committee provided for in Section 49-604 and Section 88-507.3 may be a coaimittee of six reputable persons, one of whom shall be such physician and the remaining five shall be qualified jurors of the county not related to any person at interest in said cause. If no physician is available, an examining committee of six reputable persons win are residents of the county and quali fied jurors thereof shall be appointed. The examining committee appointed as provided herein shall make an examination and re port its findings as provided in Section 49-604 and Section 88-507.3.

"49-611. Compensation; how paid.--The Ordinary shall draw his warrant upon the treasurer of jig county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Section 88-502.2, except that the members

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JOURNAL OF THE HOUSE,

qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing."

Section 4. Said Code Chapter 49-6 is further amended by repealing Code Section 49-612, relating to the confinement of insane persons, in its entirety.

Section 5. The provisions of Sections 88-502.1 through 88-502.18, relating to the rights of patients of Section 1 of this Act and Section 4, relating to repealing Code Section 49-612, shall become effective on June 1, 1969. All other provisions of this Act shall become effective on January 1, 1970.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the Committee substitute were read and adopted:
Mr. Harris of the 67th moves to amend HB 1 (Committee substi tute) by adding to 88-502.18 and the end thereof a comma, and insert ing the following phrase:
"no such immunity shall apply to a physician executing a cer tificate as provided by 88-504.3 (c)."

Mr. Wheeler of the 18th moves to amend the Committee Substitute to HB No. 1 as follows:
By striking in quoted Section 88-502.18 che word "wilfully' wherever the same shall appear, so that when so amended quoted Section 88-502.18 shall read as follows:
"88-502.18. Liability for violations.--Any person who violates or abuses any provision of this Chapter shall be liable to the pa tient for any damages which Ihe patient suffers by reason of such wrongful conduct. Any phys:cian, peace officer, health officer, or hospital officer, agent, or employee, whether employed by a private hospital or at hospital fac/lities operated by the State, a political subdivision of the State, " by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in gooi faith in compliance with the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility."

Mr. Murphy of the 19th moves to amend HB 1, Committee Substitute, as follows:

TUESDAY, MARCH 4, 1969

1231

By striking from Section 1, Section 88-502.14 in its entirety and inserting in lieu thereof the following 88-502.14:

88-502.14. Transportation--The county health department in cooperation with the governing authority of the county shall ar range for required transportation of the patient. Whenever possible marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients. However, the type of vehicle to be furnished for the transportation of patients shall be in the discretion of the govern ing authority of the county. The Court of the Ordinary shall, upon the request of the county health department, order the sheriff to transport the patient in such manner as the patient's condition de mands. At any time the county health department is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female, who is not a patient in attendance, unless such female patient is accompanied by her husband, father, adult brother or adult son.

Messrs. Lowrey of the 9th and Marcus of the 105th move to amend the Committee Substitute to HB No. 1 as follows:
By striking quoted Section 88-504.2 of Section 1 in its entirety and inserting in lieu thereof the following:
"88-504.2. Facility for emergency admission.--Any state-own ed or state-operated facility may be designated by the depart ment as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hos pital and each Georgia Regional Hospital which shall accept pa tients from any county designated by the department under the provisions of Section 88-504.2 through 88-504.6. Any other facility within the State of Georgia may be so designated by the depart ment at the request of or with the consent of the governing offi cers of such other facility. No provisions of this Chapter shall be deemed to require any county to construct any facility for the hospitalization or treatment of mental patients."
And, by striking quoted Section 88-505.1 of Section 1 in its entirety and inserting in lieu thereof the following:
"8-505.1. Facility for psychiatric evaluation.--Any state-owned or state-operated facility may be designated by the department as an Evaluating Facility. The department shall maintain an Evaluat ing Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county designated by the department under the provisions of Sections 88-505.2 through 88-505.7. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility."

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JOURNAL OF THE HOUSE,

Mr. Holder of the 49th moves to amend House Bill No. 1 Committee Substitute by striking Sections 88-504.3, subparagraphs (a) and (b) on page 15, and the letter (c), and when so amended shall read:

"88-504.3. Any physician may execute a certificate stating that he has examined a person within the preceding 48 hours and found that the person appears to be mentally ill and is likely to injure himself or others, and the observations upon which that con clusion is based. The physician's certificate authorizes any peace officer to take the person into custody and to deliver him forth with to the nearest available Emergency Receiving Facility, where he shall be received for examination. Such physician's certificate shall be made a part of the patient's clinical record."

Mr. Egan of the 116th moves to amend the Committee Substitute to HB No. 1 as follows:
By striking quoted Section 88-504.1 of Section 1 in its entirety and inserting in lieu thereof a new Section 88-504.1, to read as follows:
"88-504.1. Criteria for Emergency Admission.--Any person being within a county whose governing authority has determined, pursuant to the provisions of Section 88-508.9, that the medical admission procedures of this Chapter shall apply may be admitted under the provisions of Section 88-504.2 through 88-504.6 if (a) the person appears to be mentally ill and a danger to himself or others and is conducting himself in a manner which in a person not mentally ill would constitute a penal offense as defined in Sec tion 88-501 (n), or (b) appears to be mentally ill and is overtly threatening to commit suicide, or (c) has been examined by a physician, within the preceding 48 hours, who has executed a cer tificate stating that the person appears to be mentally ill and is likely to injure himself or others."
By inserting in quoted Section 88-505.2 of Section 1, after the following:
"88-505.2. Petition for court-ordered evaluation.--", the following:
"In any county whose governing authority has determined, pursuant to the provisions of Section 88-508.9, that the medical ad mission procedures of this Chapter shall apply, proceedings for a court-ordered evaluation may be initiated in the following man ners:"
By striking the first sentence of quoted Section 88-506.3 of Section 1, which reads as follows:
"A patient may be hospitalized in a Treatment Facility under the provisions of Sections 88-506.2 through 88-506.7 only upon recommendation of the superintendent of an Evaluating Facility

TUESDAY, MARCH 4, 1969

1233

where the patient has been examined, supported by the opinion of two physicians, who have personally examined the patient within the preceding five days, that the criteria of Section 88-506.1 are met.",

in its entirety and inserting in lieu thereof the following:

"A patient may be hospitalized in a Treatment Facility under the provisions of this Section and Section 88-506.4 only upon recom mendation of the superintendent of an Evaluating Facility where the patient has been examined under the provisions of Sections 88-505.1 through 88-505.7, supported by the opinions of two phy sicians, who have personally examined the patient within the pre ceding five days, that the criteria of Section 88-506.1 are met."

And, by adding new Section after quoted Section 88-508.8 of Sec tion 1, to read as follows:

"88-508.9. Determination of Applicable Method of Hospitalization.--On application by the County Board of Health, the govern ing authority of each county shall determine whether persons in the county shall be hospitalized under the Judicial Admission pro visions of Sections 88-507.2 through 88-507.4 or under the Medical Admission provisions of Sections 88-504.1 through 88-504.6; 88-505.1 through 88-505.7; and 88-506.1 through 88-506.4. Such determina tion shall be made by the governing authority of the county with in its sole and absolute discretion after consultation with the Ordi nary of that county and with the County Board of Health and shall establish the exclusive method of hospitalization to be used in that county. If the governing authority of any county has not made a determination as provided for in this Section, the sole method of hospitalization in that county, notwithstanding any other provision of law, shall be that provided in Sections 88-507.2 through 88-507.4."

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 or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Atherton Barber

Barfield Bell Bennett Berry

Blalock Bohannon Bond Bostick

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JOURNAL OP THE HOUSE,

Brantley, H. L.
Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cole Collier Collins, S. Connell Cook Cooper Daugherty Davis Dean, J. E. Dixon Egan Ellis Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves

Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hill, G. Hood Horton Housley Hutchinson Jones, C. M. Jones, M. Jordan, H. S. Kreeger Lane, Dick Lee, W. J. (Bill) Leonard Levitas Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey Melton Merritt
Miles Moate

Morris Nunn Pafford Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard
Roach Rush Salem Scarlett Sherman Simmons Sims Smith, V. T. Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend
Vaughn Wheeler, J. A.
Williams Wilson Winkles Wood

Those voting in the negative were Messrs.:

Anderson Ballard Bowen Bray Caldwell Cato Chandler Collins, M. Colwell Conger Crowe
Dean, N.
DeLong
Dent
Dickinson
Dodson
Dorminy
Douglas
Evans
Fallin

Grahl Gunter Hadaway Harris, J. F. Higginbotham Holder Hudson Johnson Joiner Jones, Herb Jordan, G.
Keen
Keyton
Knapp
Knowles
Lane, W. J.
Lewis
Longino
Mason
Matthews, D. R.

McCracken Milford Miller Moore Mullinax Murphy Nash Nes smith Northcutt Odom Paris
Parker, C. A.
Parker, H. W.
Peters
Pinkston
Poole
Potts
Rainey
Reaves
Ross

TUESDAY, MARCH 4, 1969

Rowland Russell Scarborough Simkins

Smith, J. R. Snow Wamble Westlake

Those not voting were Messrs. :

Battle Black Brantley, H. H. Brooks Clarke Conner Dailey

Davis, W. Edwards Floyd, J. H. Hale Harrison Howell Lambert

1235
Whaley Wilkerson
Lee, W. S. McDaniell Shanahan Shepherd Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 104, nays 70.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Floyd of the 7th stated that he had been called from the floor of the House when the roll was called on HB 1, by substitute, as amended, but had he been present would have voted "aye".

Mr. Longino of the 98th stated that he inadvertently voted "nay" but in tended to vote "aye" on the passage of HB 1, by substitute, as amended.

The Speaker announced the House recessed until 1:30 o'clock P.M.

AFTERNOON SESSION The Speaker called the House to order.

Mr. Parker of the 46th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1, by substitute, as amended, which Bill passed the House this day immediately preceding the noon recess.

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 on Temperance:

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JOURNAL OF THE HOUSE,

HB 787. By Mr. Matthews of the 16th:
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 change the restrictions relating to the location of businesses for which licenses are issued under the Act; and for other purposes.

Mr. Matthews of the 16th moved that HB 787 be engrossed.

The motion prevailed, and HB 787 was ordered engrossed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 128. By Mr. Lane of the 101st:
A Bill to be entitled an Act to provide certain requirements in connec tion with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.

The Senate insists on its amendment to the following Bill of the House, to-wit:
HB 51. By Mr. Paris of the 14th: A Bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bill of the Senate, to-wit:
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others: A Bill to amend an Act revising, classifying, consolidating and super seding the laws relating to crimes and the punishment therefor, and

TUESDAY, MARCH 4, 1969

1237

establishing new laws relating thereto, and providing for a new Criminal Code, so as to repeal the code section relating to the improper use of a credit card; and for other purposes.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 62. By Messrs. Adams of the 100th, Mauldin of the 12th, Parker of the 46th, Potts of the 30th, Mrs. Merritt of the 46th and others:
A Bill to be entitled an Act to provide for the registration and regula tion of cemeteries; and for other purposes.

The following Senate amendment was read:
Senator Vann of the 10th moves to amend HB 62 by striking the numeral "4" in the 3rd line of Section 4 and inserting in lieu thereof the numeral "3".

Mr. Adams of the 100th moved that the House agree to the Senate amend ment.

HB 301. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of com pensation, so as to change the salary of the sheriff; and for other purposes.
The following Senate amendment was read: The Senate Committee for County and Urban Affairs offers the
following amendment to HB 301: By striking from quoted Section 4 the following: "four" deputies and inserting in lieu thereof the following: "five" deputies.
Mr. Peters of the 2nd moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.

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JOURNAL OF THE HOUSE,

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene and Sanita tion, asked unanimous consent that the following Bill of the House, which had been unfavorably reported by the Committee on Hygiene and Sanitation, be re committed to the same committee for further study:

HB 354. By Messrs. Matthews of the 63rd, Northcutt of the 21st, Knowles of the 2nd, Brantley of the 52nd, Wamble of the 69th and others:
A Bill to be entitled an Act to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, and any future plan adopted by said Department, pursuant to said statutory authority, shall in the case of presently adopted plans, be amended to provide that the provisions for medical assistance contained therein shall include medical assistance rendered by chiropractors; and for other purposes.
The consent was granted, and HB 354 was recommitted.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Special Judiciary.
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and provid ing for a new Criminal Code, so as to repeal the Code Section relating to the improper use of a credit card; to provide for a new Code Chapter relating to the illegal use of credit cards; and for other purposes.
The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence in amending the same:

HB 51. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act regulating the employment of children, so as to permit the employment of certain 15 years olds during the months of June, July and August under certain circum stances; and for other purposes.

Mr. Paris of the 14th 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.

TUESDAY, MARCH 4, 1969

1239

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Paris of the 14th, Hargrett of the 58th and Lee of the 21st.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 128. By Mr. Lane of the 101st:
A Bill to be entitled an Act to provide certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 128
The Conference Committee on House Bill No. 128 recommends that the Senate and House of Representatives both recede from their posi tions, and that the attached Conference Committee Substitute to House Bill No. 128 be adopted.

Respectfully submitted,
FOR THE SENATE:
FRANK E. COGGIN Senator, 35th District
RENDER HILL Senator, 29th District
ROBERT H. SMALLEY, JR. Senator, 28th District
FOR THE HOUSE OF REPRESENTATIVES:
G. D. ADAMS, JR. Representative, 100th District
GUY HILL Representative, 97th District
DICK LANE Representative, 101st District

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JOURNAL OP THE HOUSE,

CONFERENCE COMMITTEE SUBSTITUTE TO HB NO. 128

A Bill to be entitled an Act to provide certain requirements in con nection with blasting or excavating in the vicinity of underground gas
pipes and other facilities; to provide for the purpose of this Act; to provide certain definitions; to provide that persons engaged in the dis tribution or transmission of gas shall file maps showing the location of their service areas or underground pipes or other facilities with the Clerk of the Superior Court of the County where the same are located; to pro vide for the maintenance of a file of such maps by such Clerks, and the
fees therefor; to provide for filing maps by municipal natural gas distribution systems; to provide that no person shall engage in blasting or in excavating with mechanized excavating equipment until such person has examined such maps and certain other conditions have oc curred; to provide for such other conditions; to provide that persons planning such blasting or excavating will give certain written notices to gas companies under certain conditions; to provide for the contents of such notice and such conditions; to provide that the gas companies involved will furnish written statements in response to such notices; to provide for the contents of such statements; to provide that on certain conditions gas companies will stake or mark the location of their under ground gas pipes and other facilities; to provide such conditions; to provide that persons engaged in blasting or excavation shall avoid damaging gas pipes or other facilities thus staked or marked; to pro vide that the provisions of the Act do not affect the rights of any gas company with respect to its own gas pipes or facilities, nor to any work done by a gas company, its agents, servants, employees, con tractors, or subcontractors with respect to its own gas pipes or other facilities; to provide that violation of the Act shall be a misdemeanor punishable as such; to provide for a severability clause; 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 purpose of this Act is to prevent injury to person and property from accidents resulting from damage to underground gas pipes and facilities caused by blasting or excavating operations, by providing a method whereby the location of underground gas pipes and facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and facilities.

Section 2. For the purposes of this Act, the following terms shall have the meanings designated, except when a particular context clearly requires a different meaning:

(a) "Person" means an individual or corporation.
(b) "Corporation" means any corporation, municipal corpora tion, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or receiver or receivers, trustee or trustees of any of the foregoing.

TUESDAY, MARCH 4, 1969

1241

(c) "Gas" means any flammable gaseous matter, and shall include but not be limited to, natural gas, manufactured gas, liquified petroleum gas and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane or butylene.

(d) "Distribution of Gas" means the distribution or furnish ing of gas through the use of underground pipes or other facilities to the ultimate consumer, and shall include but not be limited to the distribution of gas pursuant to a Certificate of Public Con venience and Necessity issued by the Georgia Public Service Com mission.

(e) "Transmission of Gas" means the transmission or trans portation of gas through the use of underground pipes or other facilities and shall include but not be limited to the transportation or transmission of gas in interstate commerce pursuant to a Certifi cate of Public Convenience and Necessity issued by the Federal Power Commission, and the transmission or transportation of gas in intrastate commerce pursuant to a Certificate of Public Con venience and Necessity issued by the Georgia Public Service Com mission.

(f) "Gas Company" means any person engaged in the distribu tion of gas or in the transmission of gas, or both.

(g) "Service Area" means a contiguous area or territory which encompasses the distribution system, or the network of pipes, lines, mains and related facilities, by means of which a Gas Com pany engages in the distribution of gas.

(h) "Blasting" means any operation by which the level or grade of land is changed, or by which earth, rock, buildings, struc tures or other masses or materials are rended, torn, demolished, moved or removed, by the detonation of dynamite or any other explosive agent.

(i) "Excavating" means any operation by which the level or grade of land is changed, and shall include, without limitation, grading, trenching, digging, ditching, drilling, augering, and scrap ing.

(j) "Mechanized Excavating Equipment" means all equipment powered by any motor, engine, or hydraulic or pneumatic device, which is used for excavating, and shall include, without limitation, bulldozers, back hoes, power shovels, scrapers, drag lines, clam shells, augers and drills.

(k) "Business Days" mean Monday through Friday, exclud ing, however, any public and legal holidays.

Section 3. (a) Prior to any date subsequent to September 1, 1969, upon which any Gas Company shall engage in the distribution of gas

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or in the transmission of gas in any area or territory or at any point or points within any County in the State of Georgia, such Gas Company shall first file with the Clerk of the Superior Court of such County:

(1) A map or maps showing the location of all Service Areas within such County in which such Gas Company shall thus be engaged in the distribution of gas.

(2) A map or maps showing the general route of any gas pipes or other underground facility within such County by means of which such Gas Company shall thus be engaged in the transmission of gas.

(3) The name and address of the agent or agents of such Gas Company within the State of Georgia to whom written notices of the type hereinafter described shall be delivered.

(b) Each Gas Company who shall be engaged as of September 1, 1969, in the distribution of gas or in the transmission of gas within any County in the State of Georgia, shall on or before such
date file with the Clerk of the Superior Court of such County, a map or maps as described in paragraphs (1) and (2), of subsection (a) of this Section and the written designation of an agent or agents as described in paragraph (3), of subsection (a) of this Section.

(c) Each Gas Company who is required under the provisions of subsection (a) or (b) of this Section to file the name and address of an agent or agents as described in paragraph (3) of subsection (a) of this Section, shall thereafter from time to time make such further and additional filings, with the Clerk of the Superior Court of such County as may be necessary to keep current the designa tion of such agent or agents.

(d) Failure to comply with the terms of this Act shall be negligence per se in any tort action.

(e) Municipal natural gas distribution systems shall not be required to file maps in the clerk's office, but shall maintain same in the office of the Clerk of said City, or in the office of the Super intendent of the Gas Department of said City or in the office of the Utility Commission of said City.

Section 4. The Clerk of the Superior Court of each County in this State shall: (a) Maintain a file for the maps and other written ma terials to be filed in accordance with the provisions of this Act and make the same available for public inspection.
(b) Mark the date and hour of filing on all maps and other written materials filed in accordance with the provisions of this Act.

TUESDAY, MARCH 4, 1969

1243

(c) Charge a uniform fee for each filing of such maps or other written materials of $1.00 per page.

Section 5. Subsequent to September 1, 1969, no person shall com mence, perform or engage in blasting, or in excavating with Mechanized Excavating Equipment, on any tract or parcel of land in any County in the State of Georgia unless and until each of the following conditions has occurred:

(a) The person planning such blasting or excavating has ex amined the maps filed in accordance with the provisions of this Act to ascertain whether it reasonably appears therefrom that the tract or parcel of land upon which such blasting or excavating is to take place may be within:
(1) The Service Area of a Gas Company engaged in the distri bution of gas, or within two hundred (200) feet thereof, or
(2) Two hundred (200) feet of a gas pipe or other underground facility of a Gas Company engaged in the transmission of gas.
(b) If it reasonably appears from such examination that such tract or parcel of land may be within such limits, the person planning such blasting or excavating shall deliver personally, or mail by certified or registered mail, return receipt requested, a written notice to an agent of the Gas Company who is designated in accordance with the provisions of this Act, which shall:
(1) Describe the tract or parcel of land upon which such blasting or excavation is to take place with sufficient particularity to enable the Gas Company to ascertain the precise tract or parcel of land involved.
(2) State the name and address of the person who will engage in such blasting or excavating.

(3) Describe the type of blasting or excavating to be engaged in by such person.
(4) Designate the date, no earlier than five (5) days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence; and
(c) The person planning such blasting or excavating has re ceived from such Gas Company a written statement that:
(1) Such tract or parcel of land is not located within the limits stated in subsection (a) of this Section; or
(2) Such tract or parcel of land is located within such limits and such Gas Company has placed stakes on, or otherwise marked, the surface of the land at intervals of not less than fifteen (15)

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feet to indicate the location of such of its gas pipes and other underground facilities as are located on such tract or parcel of land and within two hundred (200) feet thereof.

Section 6. Each Gas Company shall within three (3) business days following receipt by such Gas Company of a written notice as described in subsection (b) of Section 5 of this Act, or within such longer reasonable period as may be required under the circumstances, but in any event within five (5) business days:

(a) Deliver personally, or mail by certified or registered mail, return receipt requested, to the person planning such blasting or excavation, a written statement as described in subsection (c) of Section 5 of this Act; and

(b) If such tract or parcel of land is located within the limits stated in said subsection, accomplish the staking or marking work described therein.

Section 7. Each person who shall engage in blasting, or excavating with Mechanized Excavating Equipment, shall not strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground facility of a Gas Company which has been staked or marked in accordance with the provisions of this Act, provided, how ever, that nothing in this Act shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of underground gas pipes or other facilities, irrespective of whether the same have been staked or marked as provided in this Act.

Section 8. The prvisions of this Act do not affect and are not intended to affect, any right, title, power or interest any Gas Company may have with relation to any such gas pipe or other facility, or to any easement, right of way, license, permit, or other interest in or with respect to the land where such gas pipe or other facility is located; nor shall the provisions of this Act apply to any work performed by a Gas Company, or its agents, servants, employees, contractors, or subcon tractors with respect to such Gas Company's own gas pipes or other facilities, including without limitation, the construction, installation, extension, modification, maintenance, repair, testing, or removal of such gas pipes or facilities.

Section 9. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor.

Section 10. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the pro
visions of this Act are severable.

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, MARCH 4, 1969

1245

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lane of the 101st moved that the report of the Committee of Conference be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Atherton Barber Battle Berry Bostick Bowen Brantley, H. L. Bray Brown, C. Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Colwell Conger Connell Conner Cooper Davis, E. T. Davis, "W. Dean, J. E. DeLong Dent Dixon Dodson Douglas Edwards Ellis Evans Ezzard Pallin Farrar Felton Floyd, L. R. Funk

Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Housley Howell Hudson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Miles Milford Miller Moore Nash Nessmith Northcutt Nunn Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Reaves Roach Rowland Russell Scarlett Shepherd Simkins Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W.

1246

JOURNAL OF THE HOUSE,

Toles Townsend Vaughn Wamble

Westlake Whaley Wheeler, Bobby Wheeler, J. A.

Wilkerson Williams Wilson Winkles

Those voting in the negative were Messrs.

Alexander Anderson Ballard Barfield Bell Bennett Black Blalock Bohannon Bond Brantley, H. H. Brooks Brown, B. D. Buck Caldwell Collier Collins, M. Collins, G. Cook Crowe Dailey

Daugherty Dean, N. Dickinson Dorminy Egan Farmer Floyd, J. H. Grab! Hale Hamilton Harris, J. F. Harrison Horton Hutchinson Johnson Jones, C. M. Knapp Levitas Lewis Maxwell MeClatchey

McCracken Moate Morris Mullinax Murphy Paris Phillips, G. S. Potts Rainey Ross Rush Salem Scarborough Shanahan Sherman Simmons Snow Thompson, R. Ware Wood Mr. Speaker

On the motion, the ayes were 132, nays 0.

The motion prevailed, and the report of the Committee of Conference on HB 128 was adopted.

Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:

HR 17-37. By Mr. Mauldin of the 12th: A Resolution compensating Mr. John M. McCall; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 17-37 by changing the figure $153.55 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $147.36.

TUESDAY, MARCH 4, 1969

1247

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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 22-37. By Messrs. Bennett, Barfield and Reaves of the 71st: A Resolution compensating Mr. James W. Morgenthaler; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 22-37 by changing the figure $47.82 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $43.61.

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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 57-128. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution compensating Mr. E. M. Moss; 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 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

1248

JOURNAL OP THE HOUSE,

HR 83-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Ben W. Butts; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 95-276. By Mr. Fallin of the 63rd:
A Resolution compensating Mr. Vernon F. Holloman; and for other pur poses.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 123-329. By Mr. Colwell of the 5th: A Resolution compensating M. A. Giles; 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 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, MARCH 4, 1969

1249

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:

HB 48. By Messrs. Hutchinson of the 61st and Barber of the 15th:
A Bill to be entitled an Act to provide that a driver's license issued to any person who is under the age of 21 on the date such license is issued shall be marked or printed so that it is easily ascertainable that the licensee was under the age of 21 on the date the license was issued; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

HR 82-219. By Messrs. Nessmith of the 44th, Brantley of the 52nd, Chandler of the 34th, Harrison of the 66th and Jones of the 59th:
A RESOLUTION
Creating the Georgia Coastal Islands Study Committee; and for other purposes.
WHEREAS, Georgia's coastal islands, widely known as the Golden Isles, constitute one of the most beautiful undeveloped natural areas in the United States; and
WHEREAS, with the exception of Tybee, Saint Simons and Jekyll, our coastal islands are privately owned, and very few people of our State have ever had the opportunity to visit these islands and enjoy their unspoiled natural beauty; and
WHEREAS, the Golden Isles and vast marshlands of our coast are Georgia's greatest undeveloped natural resource; and
WHEREAS, the United States Department of the Interior is in terested in acquiring one or more of our Golden Isles; and
WHEREAS, if these islands are acquired by the United States Department of the Interior, the State of Georgia would have no voice in the development of the islands and would stand to lose vast amounts of potential revenue.

1250

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is hereby created the Georgia Coastal Islands Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House; five members of the Senate to be appointed by the President of the Senate; the Director of the Department of Industry and Trade or an official or employee of said Department designated by the Director; the Director of the State Game and Fish Commission or a biologist of the Game and Fish Commission designated by the Director; the Director or Deputy Director, at the discretion of the Director, of the State Parks Department; the Executive Secretary of the State Water Quality
Control Board; the Director of the State Forestry Commission; a mem ber of the State Highway Board appointed by the Director of the State Highway Department; and a member of the State Chamber of Com merce appointed by the President of the State Chamber of Commerce. For the purpose of calling the organizational meeting of the Committee, the Speaker of the House shall designate one of his appointments to the Committee as temporary chairman. At the organizational meeting of the Committee, the Committee shall elect its own chairman and such other officers as the Committee deems necessary or desirable.

BE IT FURTHER RESOLVED that the Committee shall be au thorized to study all matters relating to Georgia's coastal islands and shall make a thorough study of the feasibility of the State of Georgia acquiring said islands so that they may be developed for the greatest benefit and enjoyment of the citizens of, and visitors to, our State.

BE IT FURTHER RESOLVED that each member of said Com mittee shall be authorized to meet for such number of days as may be necessary for the Committee to fully and adequately carry out its duties and complete its studies, but the Speaker of the House and the President of the Senate may jointly, at their discretion, set a maximum number of days that the members of the Committee shall be authorized to meet. The legislative members of the Committee shall receive the expenses and travel allowances authorized by law for legislative mem bers of interim committees, from funds appropriated or otherwise available to the legislative branch of government. The members of the Committee who are officials or employees of the State government shall be reimbursed, from the funds of their respective departments, for actual and necessary expenses incurred by them in carrying out their duties as members of the Committee. The member of the Committee appointed by the President of the State Chamber of Commerce shall be reimbursed, from funds appropriated or available to the legislative branch of government, for actual and necessary expenses incurred by him in carrying out his duties as a member of the Committee. The reimbursement to all non-legislative members of the Committee for any travel expenses shall be at the rate provided by law for employees
of the State.

BE IT FURTHER RESOLVED that the Committee shall submit a report setting forth its findings and recommendations, to be accom panied by any proposed legislation as might be recommended by the Committee, to the 1970 Session of the General Assembly of Georgia, and on the day said 1970 Session convenes, said Committee shall stand
abolished.

TUESDAY, MARCH 4, 1969

1251

The report of the Committee, which was favorable to the adoption of the Resolution, was a greed to.

On the adoption of the Resolution, the ayes were 119, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were again taken up for consideration:

HB 31. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to require the attendance of applicants for renewal of licenses at educational programs prior to the renewal of licenses to practice veterinary medicine; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 8.
The Bill, having received the requisite constitutional majority, was passed.
HB 50. By Messrs. Gunter of the 6th, Williams of the llth, Johnson of the 29th, Dean of the 19th, Anderson of the 49th and Harris of the 10th: A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; and for other purposes.
The following amendments were read and adopted:
Mr. Gunter of the 6th Moves to Amend HB 50 as follows: By striking all the words of the caption after the word, "deliberate
ly", and by adding in place thereof the following:

1252

JOURNAL OF THE HOUSE,

"And intentionally operating such vehicles upon the public streets and highways or upon public or private driveways or park ing lots in such a manner as to create a danger to persons or property."

And to further amend said Bill by striking from Section 1 all the words after the word "highways" and by adding in place thereof the following:

"Public or private driveways, or parking lots, in such a man ner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zig zag or circular course, or to gyrate or spin around, unless the same shall be necessary to avoid a collision or accidental injury or damage."

And to further amend said Bill by striking from Section 2 the words

"or scratching off."

Mr. Levitas of the 77th moves to amend HB 50 by adding
(1) to the title the words "to provide for exemptions" immediately preceding the words
"to repeal conflicting laws"
and
(2) to add a new Section to be numbered Section 3, as follows:
"This Act shall not apply to drivers operating vehicles in or on any raceway, drag strip or similar place customarily and law fully used for such purposes".
(3) To renumber the remaining Sections accordingly.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Atherton Ballard Barber

Barfield Battle Bennett Black

Blalock Bohannon Bond Bostick

Bowen Brantley, H. L. Brown, B. D. Brown, C. Burruss Busbee Carnes Gates Cato Chandler Cole Collins, S. Conger Connell Conner Cooper Crowe Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dorminy Douglas Egan Ellis Ezzard Pallin Farrar Felton
Floyd, J. H.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves
Gunter
Hadaway
Hargrett
Harrington
Harris, J. F.
Harris. J. R.

TUESDAY, MARCH 4, 1969
Harfison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housely Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Jordan, H. S. Keen Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Miller
Moate
Moore

1253
Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Rowland Salem Shepherd Sherman Simmons Simkins Sims Smith, J. R. Smith, V. T.
Snow
Sorrells
Sweat
Toles
Townsend
Ware
Westlake
Wheeler, Bobby
Wheeler, J. A.
Winkles
Wilkerson
Williams
Wilson

Those voting in the negative were Messrs.:

Alexander Bell Berry Daugherty Evans

Harris, R. W. Hill, B. L. Jones, M. Knowles Morris

Phillips, W. R. Ross Thomason Whaley

1254

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anderson Brantley, H. H. Bray Brooks Buck Caldwell Clarke Collier Collins, M. Colwell Cook Dailey Davis, W.

DeLong Dickinson Dodson Edwards Farmer Floyd, L. R. Hale Hamilton Higginbotham Jones, C. M. Keyton Knapp McClatchey

Phillips, G. S. Pickard Rush Russell Scarborough Scarlett Shanahan Thompson, A. W. Thompson, R. Vaughn Wamble Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 14.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 593. By Messrs. Harris of the 77th, Harris of the 67th, Jones and Buck of the 84th, Egan of the 116th, Snow of the 1st and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting a new Title 22 in lieu thereof; and for other purposes.

The following Committee amendment was read and adopted:

The Judiciary Committee moves to amend HB 593 as follows:
1. By adding in the title immediately before the words "to repeal specific laws" the words "to provide that foreign corporations required to have certificates of authority shall not maintain actions in any court of the state until they have obtained such certificates and to provide for the voidability of contracts of such corporations."
2. By adding a new section to be numbered Section 76 which will read as follows:
Said Act is further amended by striking from both sentences of Section 22-1421 (b) the words "either ... or after" where same appear so that said subparagraph (b) of Section 22-1421 as amended shall read as follows:

TUESDAY, MARCH 4, 1969

1255

"(b) No foreign corporation that under this Code is required to obtain a certificate of authority shall be permitted to maintain any action, suit or proceeding in any court of this State unless before commencement of the action it shall have obtained such a. certificate. Nor shall any action, suit or proceeding be maintained! in any court of this State by any foreign corporation that is the successor or assignee of such corporation on any right, claim or demand arising out of the transaction of business by such corpora tion in this State unless before commencement of the action a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets."

3. By adding a new section to be numbered Section 77 which will read as follows:

Said Act is further amended by striking subparagraph (c) of Section 22-1421 in its entirety and substituting in lieu thereof the following as subparagraph (c) of Section 22-1421.

"(c) The failure of a foreign corporation to obtain the certifi cate of authority to transact business in this state shall render voidable any contract of such foreign corporation arising out of business transacted in Georgia at the instance of any other party to such contract, but such voidability may be cured by the foreign corporation obtaining a certificate of authority provided such certificate of authority is obtained prior to final judgment in any action wherein this subparagraph is relied upon. The failure of such foreign corporation to obtain a certificate of authority shall not prevent such corporations from defining any action, suit or proceeding in any court of this state nor shall any party avail himself of the benefit of subparagraph (b) of this Section except upon motion prior to judgment."

4. By renumbering the remaining sections accordingly. The following amendment was read and adopted:

Mr. Harris of the 77th moves to amend HB 593 by adding a new section to be known as Section 78 to read as follows:
"Section 78. Said Act is further amended by adding to the end of subparagraph (2) of subsection (a) of Section 22-1408 the following:
", or another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office.",
so that said subparagraph, when so amended shall read as follows:
"(2) A registered agent or agents, which agent or agents may be either an individual or individuals resident in this State whose

1256

JOURNAL OF THE HOUSE,

business office is identical with such registered office, or another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office."

and by renumbering the remaining sections accordingly.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

];.. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Cooper Crowe Daugherty Davis, E. T.

Davis, W. Dean, J. E. DeLong Dent Dixon Dodson Dorminy Douglas Egan Ellis Evans Ezzard Pallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Geisinger Gignilliat Grahl Graves hunter fladaway Hargrett Harrington Harris, J. F. Harris, J. R. Hawes Henderson Higginbotham Hill, B. L. Hill, G.
Holder

Hood Horton Housley Howell Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles

TUESDAY, MARCH 4, 1969

Miller Moore Morris Mullinax
Murphy Nash Nessmith Northcutt Nunn
Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Salem Shepherd Sherman Simmons Sims Smith, V. T.

Those not voting were Messrs:

Black Brantley, H. H. Bray
Brooks Caldwell Clarke Collins, M. Conner Cook Dailey Dean, N. Dickinson

Edwards Gaynor Hale Hamilton Harris, R. W. Harrison Hudson Jones, C. M. Keyton McClatchey Milford Moate

1257
Snow Sorrells Sweat Thomason Thompson, A. W.
Toles
Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles
Russell Scarborough Scarlett Shanahan Simkins Smith, J. R. Thompson, R. Wamble Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

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 509. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating emeritus offices for State House officials, so as to provide that in the event any person shall become eligible for appointment or shall have been appointed to

1258

JOURNAL OF THE HOUSE,

an emeritus office or emeritus status as provided in said Act, his right to appointment to such emeritus office or emeritus status or to continue to hold such appointment and to draw salaries fixed therefor shall be suspended; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To be entitled an Act To amend an Act creating emeritus offices for State House officials, approved March 7, 1957 (Ga. Laws 1957, p. 206), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 602), so as to provide that in the event any person shall become eligible for appointment or shall have been appointed to an emeritus office or emeritus status as provided in said Act and while so eligible for appointment or holding such an appointment, shall be appointed to an office of profit or trust under the Constitution or laws of the United States or the Constitution or laws of the State of Georgia, his right to appointment to such emeritus office or emeritus status or to continue to hold such an appointment and to draw the salaries fixed therefor pursuant to the provisions of said Act, shall be suspended during the period of time that he shall hold such office: provided, that upon ceasing to hold such office such person shall then be entitled to appointment to the emeritus office or emeritus status provided in said Act, or to reappointment to said office with all the obligations, rights and duties herein prescribed, the compensation received while holding such emeritus office or emeritus status in such event to be the same amount as would be received by such officer emeritus if his appoint ment or reappointment were his initial appointment to such emeritus office or emeritus status; to define the purposes of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION I
An Act creating emeritus offices for State House officials, approved March 7, 1957 (Ga. Laws 1957, p. 206), as amended, particularly by an Act approved March 6, 1962 (Ga, Laws 1962, p. 602), is hereby amended by adding after Section 3-B and before Section 4 a new section to be known as Section 3-C to read as follows:
"Section 3-C. In the event any person shall become eligible for appointment or shall have been appointed to an emeritus office or emeritus status as provided in this Act and while so eligible for appointment or holding such an appointment, shall be appointed to an office of profit or trust under the Constitution or laws of the United States or the Constitution or laws of the State of Georgia, his right to appointment to such emeritus office or emeritus status or to continue to hold such an appointment and to draw the salaries

TUESDAY, MARCH 4, 1969

1259

fixed therefor pursuant to the provisions of this Act, shall be suspended during the period of time that he shall hold such office: provided, that upon ceasing to hold such office such person shall then be entitled to appointment to the emeritus office or emeritus status provided in this Act, or to reappointment to said office with all the obligations, rights and duties herein prescribed, the com pensation received while holding such emeritus office or emeritus status in such event to the same amount as would be received by such officer emeritus if his appointment or reappointment were his initial appointment to such emeritus office or emeritus status. The purpose of this provision is to permit any such person who may have been appointed an officer emeritus or who may be eligible for appointment as an officer emeritus as provided in this Act to accept an appointment under the Constitution or laws of the United States or the Constitution or laws of the State of Georgia, without affecting his then existing rights pursuant to the provisions of this Act, except to suspend the right to hold said office or maintain such status and receive the salary provided therefor while holding such other office."

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 Atherton Barber Barfield Battle Bell Bennett Black Blalock Bohannon Bond Bostick Bowen Bray
Brown, B. D. Brown, C.

Buck Burruss Busbee Carnes Gates Cato Chandler Cole Collins, S. Conger Connell Conner Cooper Daugherty Davis, E. T.
Davis, W. Dean, J. E.

Dean, N. Dent Dorminy Douglas Ellis Evans Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat
Grahl Graves

1260
Gunter Hargrett Harrington Harris, J. R. Harrison Hawes Higginbotham Hill, G. Holder Horton Howell Hudson Hutchinson Johnson Joiner Jones, M. Jordan, G. Jordan, H. S. Keen Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino

JOURNAL OF THE HOUSE,
Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Miller Moore Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson

Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Sherman Simkins Simmons Sims Smith, V. T. Snow Sweat Thomason Toles Townsend Vaughn Ware Whaley Wheeler, Bobby Wheeler, J. A. Williams Winkles

Those voting in the negative were Messrs.

Ballard Dixon Harris, J. F.

Jones, Herb Morris Wilkerson

Wilson

Those not voting were Messrs:

Anderson Berry Brantley, H. H. Brantley, H. L. Brooks Caldwell Clarke Collier Collins, M. Colwell Cook Crowe Dailey DeLong Dickinson Dodson Edwards

Egan Ezzard Fallin Farmer Hadaway Hale Hamilton Harris, R. W. Henderson Hill, B. L. Hood Housley Jones, C. M. Keyton Knapp Lee, W. S. McDaniell

Moate Phillips, G. S. Pickard Russell Salem Scarborough Scarlett Shanahan Shepherd Smith, J. R. Sorrells Thompson, A. W. Thompson, R. Wamble Westlake Wood Mr. Speaker

TUESDAY, MARCH 4, 1969

1261

On the passage of the Bill, by substitute, the ayes were 137, nays 7.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Adams of the 100th stated that he had inadvertently voted "aye" but in tended to vote "nay" on the passage of HB 509, by substitute.

HB 174. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide that the Board is au thorized to make certain post-retirement benefit changes to change cer tain requirements for investments of retirement system assets; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H.
Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck

Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier, J. M. Collins, S. Conger Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W.
Dent Dixon
Dodson Dorminy Douglas

Ellis Evans Ezzard Fallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hamilton
Hargrett Harrington
Harris, J. R. Harris, R. W. Harrison

1262
Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan Keen Knapp Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason

JOUKNAL OF THE HOUSE,

Matthews, C. Mauldin Maxwell McDaniell Melton Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves

Roach Ross Rowland Rush Salem Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles

Those not voting were Messrs.:

Brooks Clarke Collins, M. Colwell Cook Dailey Dean, J. E. Dean, N. Delong Dickinson Edwards Egan Farmer Hale

Harris, J. F. Housley Johnson Jordan, H. S. Keyton Knowles Lane, Dick Lewis Matthews, D. R. McClatchey McCracken Merritt Miles Miller

Pafford Parker, H. W. Pinkston Russell Scarborough Scarlett Simmons Thompson, R. Townsend Wamble Wood Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 4, 1969

1263

HB 331. By Messrs. Dean of the 76th, Ezzard of the 102nd, Hood of the 99th, Shepherd of the 107th and Bell of the 73rd:
A Bill to be entitled an Act to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed or national orgin of the person upon whom the arrest is being made; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Bostick Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Cole
Conger
Connell
Cooper
Crowe
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dent

Dixon Douglas Egan Ellis Evans Farrar Felton Floyd, J. H. Floyd, L. R. Gray Gaynor Geisinger Gignilliat Graves Hamilton Harrington Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Hood Horton Hudson
Hutchinson
Johnson
Joiner
Jones, C. M.
Jones, M.
Jordan, G.
Jordan, H. S.
Keen
Knapp

Kreeger Leonard Le vitas Lewis Lowrey Marcus Mason Matthews, C. Maxwell McDaniell Melton Merritt Miles Moate Morris Murphy Nash Nunn Odom Patterson Peters Peterson Phillips, W. R. Pickard Pinkston
Poole
Potts
Rowland
Scarborough
Shepherd
Sherman
Sims
Smith, V. T.
Snow

1264
Thomason Thompson, A. W. Toles Townsend

JOURNAL OP THE HOUSE,
Vaughn Westlake Wheeler, Bobby Wheeler, J. A.

Winkles Wilkerson Wilson

Those voting in the negative were Messrs.:

Bo wen Brantley, H. L. Fallin Lambert Lane, W. J.

Lee, W. J. (Bill) Lee, W. S. Mauldin Northcutt Parker, C. A.

Parker, H. W. Rainey Salem Simkins Whaley

Those not voting were Messrs.:

Anderson Black Brantley, H. H. Brooks Caldwell Clarke Collier Collins, M. Collins, S. Colwell Conger Cook Dailey Dean, N. DeLong Dickinson Dodson Dorminy Edwards Ezzard Farmer Funk Grahl

Gunter Hadaway Hale Hargrett Harris, J. F. Harrison Henderson Holder Housley
Howell Jones, Herb Keyton Knowles Lane, Dick Longino Matthews, D. R. McClatchey McCracken Milford Miller Moore Mullinax Nessmith

Pafford
Paris Phillips, G. S. Phillips, L. L. Reaves Roach Ross Rush Russell Scarlett Shanahan Simmons
Smith, J. R. Sorrells
Sweat Thompson, R. Wamble Ware Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 113, nays 15.

The Bill, having received the requisite constitutional majority, was passed.

HB 171. By Mr. Barber of the 15th:
A Bill to be entitled an Act to to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensation" shall include the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.

TUESDAY, MARCH 4, 1969

1265

The following subbstitute, offered by Mr. Barber of the 15th, was read and adopted:

A BILL

To be entitled an Act to amend an Act establishing the Teach ers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that the term "earnable compensa tion" shall include the compensation paid to a member from grants or contracts made by outside agencies with the member's employer; to provide for investments; to provide that "earnable compensation" derived from grants or contracts made by outside agencies with a member's em ployer shall be subject to the employer contribution rate; to provide that the outside agencies supplying these grants or entering into the contracts shall pay the applicable employer contributions rate to the member's employer; to provide that the member's employer shall pay the employer contributions to the Board of Trustees; to provide that if any school board operating a local retirement fund fails to report to the Board of Trustees by the end of the fiscal year the compensation paid from State funds to each teacher in its employ and other information which may be needed, the Board of Trustees may be relieved of liability for payment of pension benefits to the local pension fund; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding to the end of subsection (13 of Section 1 the following:
" 'Earnable compensation' shall include compensation paid to a member from grants or contracts made by outside agencies with the member's employer.",
so that when so amended subsection (13) of Section 1 shall read as follows:
"(13). 'Earnable compensation' shall mean the full rate of regular compensation payable to a member teacher for his full normal working time; in cases where a compensation includes maintenance, the Board of Trustees shall fix the value of that part of the compensation not paid in money. All moneys paid by a mem ber into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contribu tions required to be made to the Teachers' Retirement System, and also for the purpose of computing any benefits or allowances payable under this Act. 'Earnable compensation' shall include compensation paid to a member from grants and contracts made by outside agencies with the member's employer."

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JOURNAL OF THE HOUSE,

Section 2. Said Act is further amended by striking subsection (1) of Section 7 in its entirety and substituting a new subsection (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, conditions, limitations and restrictions imposed by the laws of Georgia upon domestic life insurers in the making and disposing of their invest ments; provided, however, no more than fifty (50) percent of re tirement 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 retirement system assets are invested, including proceeds of investments. The Board is authorized to employ agents, including banks and trust companies, to act as investment advisors and to make investments if the Board so authorizes."

Section 3. Said Act is further amended by adding to subparagraph (d) of subsection (2) of Section 8 the following:
"The compensation of a member referred to herein shall in clude any compensation derived from grants and contracts made by outside agencies with a member's employer. Such compensation is subject to the employer contribution rate. The outside agencies supplying the grants or entering into the contracts shall pay the applicable employer contribution rate as set forth herein to the member's employer. The member's employer shall pay the employer contributions which are collected to the Board of Trustees.",
so that when so amended subparagraph (d) of subsection (2) of Section 8 shall read as follows:
"(d) In addition to the six (6) percent 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 contributions based on the part of the earnable compensation of members payable from State teacher salary funds as 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 (2) (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 (2) (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 members in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund. The compensation of a member referred to herein shall include any compensation derived from grants and contracts made by outside agencies with a member's employer.

TUESDAY, MARCH 4, 1969

1267

Such compensation is subject to the employer contribution rate. The outside agencies supplying the grants or entering into the contracts shall pay the applicable employer contributions rate as set forth herein to the member's employer. The member's employer shall pay the employer contributions which are collected to the Board of Trustees."

Section 4. Said Act is further amended by adding to subsection (1) of Section 9 the following:
"Should any school board operating a local retirement fund fail to report to the Board of Trustees by the end of the fiscal year the compensation paid from State funds to each teacher in its employ and such other information as may be needed, the Board of Trustees may if it deems proper, be relieved of any liability for the payment of pension benefits to the local pension fund on the basis of such earnable compensation paid from State funds.",
so that when so amended subsection (1) of Section 9 shall read as follows:

"(1) Teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Act and such teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this Section. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eli gible for service retirement under the provisions of this retirement system had he been a member, the Board of Trustees shall pay from this system to the managing board of the local retirement funds a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement, and, if, as hereafter provided, he has a prior service certificate in full force and effect, the Board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon; Provided that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by con tributions of the employer, shall be payable to the retired teacher, and not to the local retirement fund. Should any school board operating a local retirement fund fail to report to the Board of Trustees by the end of the fiscal year the compensation paid from State funds of each teacher in its employ and such other informa tion as may be needed, the Board of Trustees may, if it deems proper, be relieved of any liability for the payment of pension benefits to the local pension fund on the basis of such earnable compensation paid from State funds."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 144-444. By Mr. Vaughn of the 74th:
A RESOLUTION
Recreating the Joint Highway Laws Interim Study Committee; and for other purposes.
WHEREAS, the 1968 General Assembly created the Joint Highway Laws Interim Study Committee, and assigned to it the duty of con solidating all the existing highway laws into a meaningful and under standable code; and
WHEREAS, the Committee was also asked to oversee a contract between the State Highway Department and University of Georgia School of Law, which contract provides for the creation of the aforesaid highway code; and
WHEREAS, the contract has a two year life; and
WHEREAS, the Committee was given only a one year life; and
WHEREAS, the Committee would like to be recreated in order to be able to complete its obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby recreated the Joint Highway Laws Interim Study Committee. The Committee shall consist of the same members of the House of Representatives and the same members of the Senate who were on the original Committee created by House Resolution 451-994 (Ga, Laws 1968, p. 1176), except for those members who have not returned as members of the House or Senate. The President of the Senate may fill all vacancies caused by members of the Senate who have not returned. The Speaker of the House may fill all vacancies caused by members of the House who have not returned.
The Committee shall have the same powers, duties and authority as were given to the original Committee and the members shall receive such expenses and allowances authorized to legislative members of interim legislative committees, from funds appropriated to or available

TUESDAY, MARCH 4, 1969

1269

to the legislative branch, but for a period not to exceed 20 days. The Committee shall make a report of its findings, and shall propose legisla tion, on or before the second Monday in January, 1970, at which time the Committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 111, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 86. By Messrs. Harris of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend Code Section 38-416 relating to persons compellable to testify, so as to provide that in all criminal trials in this State the accused shall be competent, but not compellable to testify as a witness in his own behalf; and for other purposes.

An amendment, offered by Mr. Cato of the 68th, was read and ruled out of order by the Speaker.

The following amendment was read and adopted:
Mr. Gunter of the 6th moves to amend HB 86 by adding at the end of Section 1 the following:
Provided, however, that the accused shall have the right to confer with his attorney at any stage of the proceedings including the time while he is under cross-examination.

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.:

Atherton Battle Bohannon Buck

Burruss Busbee Carnes Gates

Cato Collins, S. Conner Cook

1270
Cooper Davis, E. T. Dean, N. Dixon Dodson Egan Ellis Fallin Felton Floyd, J. H. Gignilliat Graves Gunter Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Jones, Herb

JOURNAL OF THE HOUSE,

Jordan, H. S. Knapp Kreeger Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, D. R. Mauldin McClatchey Merritt Milford Miller Mullinax Nash Nunn

Odom Pafford Peterson Pickard Reaves Rush Salem Simkins Sims Snow Sorrells Sweat Toles Townsend Ware Wilson Winkles

Those voting in the negative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Bell Bennett Berry Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C.
Caldwell
Clarke
Cole
Collier
Colwell
Conger
Connell
Crowe
Daugherty
Davis, W.
Dean, J. E.
Dent

Dorminy Douglas Edwards Evans Farmer Farrar Floyd, L. R. Gary Grahl Hadaway Hamilton Harrison Hill, B. L. Hood Horton Howell Hudson Hutchinson Joiner
Jones, C. M.
Jones, M.
Jordan, G.
Keen
Knowles
Lambert
Lane, Dick
Lane, W. J.
Leonard
Lewis
Matthews, C.
MeCracken

Miles Moate Moore Morris Murphy Nessmith Northcutt Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Pott;! Ramey
Roach
Ross
Rowland
Scarborough
Shepherd
Smith, J. R.
Thomason
Thompson, A. W.
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.

TUESDAY, MARCH 4, 1969

Those not voting were Messrs.:

Blalock Chandler Collins, M. Dailey DeLong Dickinson Ezzard Funk Gaynor Geisinger Hale
Hargrett

Henderson Higginbotham Hill, G. Holder Housley Johnson Keyton Maxwell McDaniell Melton Russell
Scarlett

1271
Shanahan Sherman Simmons Smith, V. T. Thompson, R. Vaughn Wamble Williams Wood Wilkerson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 67, nays 93.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Simkins stated that he had inadvertently voted "aye" but intended to vote "nay" on the passage of HB 86, as amended.

HB 412. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to be entitled an Act to require glass doors to be constructed of safety glass; to provide that the Georgia Safety Fire Commissioner shall compile and publish a list of types of safety glass made of safety glazing materials approved by him; to provide that it shall be unlawful to install any glass door which is not constructed of safety glass after a certain date; and for other purposes.

By unanimous consent, further consideration of HB 412 was postponed until tomorrow, March 5, 1969.

Mr. Jones of the 59th 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.

1272

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 5,1969

The House met pursuant to adjournment at 10 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Leighton Ford, Vice President of the Billy Graham Association, Charlotte, North Carolina.

By unanimous consent, the call of the roll was dispensed with.

Mr. Rowland of the 42nd, Acting Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading 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:

WEDNESDAY, MARCH 5, 1969

1273

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 5, 1969, and submits the following:

HB 103. Cigars, Cigarettes, Taxation (Reconsidered) HB 109. District Attorney, Expense Allowance PP HB 132. Insurance, Accident and Sickness, Cancelled HB 212. Coastal Wetlands Protection Board, Create HB 225. Abandon Dead Dogs, Private Property HB 226. Control Rabies, County Board of Health HB 271. Education, Pupils Attendance HB 296. Airport Expansion, Relocation Expenses HB 488. Sale of Fireworks--PP HB 527. Income Tax Return, Intangible Tax HB 534. Board of Nursing Homes, Membership HB 550. Veterans Preference, Civil Service HB 557. Funds for Public Roads, Counties HB 559. Voting Rights Act, Elections HB 562. Primaries and Elections, Returns HB 563. Conduct of Primaries and Elections HB 567. County Surveyor, Filling of Vacancies HB 605. Georgia Post Mortem Examination Act, Jurors HB 609. Administrator-Executor: Sue For and Recover HB 652. Introduction of Retirement Bills, Fiscal Note HB 674. Motor Vehicles, Multiple Registration HB 689. Appointment of Constables, Justice of Peace

The Speaker shall have the right to call the above Bills (and Resolutions) in any order which he may desire.
Respectfully submitted, Busbee of 61st, Vice-Chairman

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JOURNAL OF THE HOUSE,

HB 762. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an an nual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 763. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 764. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of the board of county commissioners; to provide for a travel expense allowance for each member of the board of county com missioners ; and for other purposes.
Referred to the Committee on Local Affairs.

HB 765. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to change the terms of the superior court of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 766. By Messrs. Brown of the 32nd and Lane of the 101st: A Bill to be entitled an Act to provide a procedure for reconsideration of a bill which has been passed by the House of Representatives and the Senate, but has not been transmitted to the Governor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 767. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend Code Section 53-107, relating to restraints of marriage, so as to provide for the validity of antenuptial agreements; and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, MARCH 5, 1969

1275

KB 768. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; and for other purposes.
Referred to the Committee on Industry.

HB 769. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to abolish the death penalty in the State of Georgia; to provide an effective date; and for other purposes.
Referred to the Committee on Judiciary.

HB 770. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
Referred to the Committee on Local Affairs.

HB 771. By Mr. Jordan of the 55th:
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 Coffee, so as to pro vide that the Board of Commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 772. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, as amended, so as to provide that the City of Alma shall not be affected by the provisions of Code Sections 92-4101 through 92-4104; and for other purposes.
Referred to the Committee on Ways and Means.

HB 773. By Messrs. Gignilliat of the 89th and Gaynor of the 88th:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.

1276

JOUENAL OF THE HOUSE,

HB 774. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Alma, so as to remove certain provisions in the title of said Act relating to limitations on taxation; to provide for the levy and col lection of taxes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 775. By Messrs. Gignilliat of the 89th and Gaynor of the 88th: A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
HB 776. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mclntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commis sioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 777. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act creating a board of commis sioners of Mclntosh County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 778. By Mr. Jones of the 59th: A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Mclntosh County, known as the fee system; to provide in lieu thereof an annual salary, to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 779. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, MARCH 5, 1969

1277

HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, Dean of the 76th, and Jordan of the 74th:
A Bill to be entitled an Act to require the boards of education in certain counties of this State to publish a summary of all receipts and expendi tures of said boards on a quarterly basis; to provide the procedure con nected with the foregoing; and for other purposes.
Referred to the Committee on Education.

HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A Bill to be entitled an Act to create the Lake Lanier Islands Develop ment Commission as a commission and agency of the State Government; and for other purposes.
Referred to the Committee on Industry.

HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
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 "project" and "cost of project"; and for other purposes.
Referred to the Committee on Industry.

HB 783. By Messrs. Westlake of the 75th and Farmer of the 16th:
A Bill to be entitled an Act to amend Code Chapter 47-10, relating to lobbying, so as to provide that the Secretary of State shall issue identifi cation badges to such persons; and for other purposes.
Referred to the Committee on State of Republic.

HB 785. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the expendi ture of certain funds for school lunch purposes; and for other purposes.
Referred to the Committee on Education.

HR 258-785. By Mr. Black of the 45th:
A Resolution creating the Ch attahoochee Judicial Circuit Study Com mittee and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 786. By Mrs. Hamilton of the 112th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to vacancies occurring in the Board of Aldermen and the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

HB 788. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.

HR 259-788. By Messrs. Mason and Nash of the 13th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 789. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Felton of the 95th: A Bill entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to provide for the qualifications of residence of Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 790. By Messrs. Dodson of the 82nd, Evans, Knapp, Keen, Scarborough and Pinkston of the 81st, Grahl of the 40th: A Bill to be entitled an Act to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd, Conger of the 68th, Murphy of the 19th, Paris of the 14th and Pinkston of the 81st: A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and

WEDNESDAY, MARCH 5, 1969

1279

financial status, so as to provide for the exclusive procedure for modi fying such judgment shall be by a proceeding instituted in a court of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 792. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.
Referred to the Committee on Local Affairs.

HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing a. new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.
Referred to the Committee on Local Affairs.

HB 794. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Bleckley County, so as to increase the compensation of the commissioner; to provide for a clerk; and for other purposes.
Referred to the Committee on Local Affairs.

HB 795. By Messrs. Anderson and Holder of the 49th: A Bill to be entitled an Act to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 796. By Mr. Cato of the 68th: A Bill to be entitled an Act to amend Code Section 27-2201, relating to the order of argument by counsel in criminal cases, so as to provide that counsel for the defense shall open and conclude the argument to the jury; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HR 260-796. By Mr. Shanahan of the 8th: A Resolution compensating Mrs. Doris Cagle; and for other purposes.
Referred to the Committee on Appropriations.

HR 261-796. By Mr. Barber of the 15th: A Resolution compensating Mrs. Webb Williams; and for other purposes.
Referred to the Committee on Appropriations.

HR 262-796. By Mr. Barber of the 16th: A Resolution compensating Mrs. Maebell Wood; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the committees:

HR 263-796. By Messrs. Barber of the 15th and Paris of the 14th: A Resolution indemnifying Mrs. Imogens Hoard; and for other purposes.
Referred to the Committee on Appropriations.

HB 797. By Messrs. Rush and Salem of the 51st, Black of the 45th, Hudson of the 48th, Hargrett of the 58th, Blalock of the 30th, Chandler of the 34th, Rowland of the 42nd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to State Board of Corrections and to prisons, public works camps, etc., so as to provide that it shall be unlawful for any person to come inside guard lines at penitentiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating substances; and for other purposes.
Referred to the Committee on State Institutions and Property.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 723. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of treas urer of Laurens County, so as to change the compensation of the treas urer; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1281

HB 724. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to change the compensation of the mayor and aldermen; and for other purposes.

HB 725. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.

HB 726. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitlted an Act to amend an Act placing the Sheriff of Laurens County upon an annual salary, so as to change the compensa tion of the Sheriff; and for other purposes.

HB 727. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of Laurens County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 728. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act providing a supplementary salary to the ordinary of Laurens County, so as to provide an increase of the supplemental salary of the ordinary; and for other purposes.

HB 729. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.

HB 730. By Messrs. Parker, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis, so as to change the salary of one of his clerks; and for other purposes.

1282

JOURNAL OF THE HOUSE,

HB 731. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the civil service board; and for other purposes.

HB 732. By Messrs. Floyd and Davis of the 75th:
A Bill to be entitled an Act to amend Code Section 34-1307, relating to unlawful campaign activities, so as to prohibit radios within the voting line; and for other purposes.

HB 733. By Messrs. Kreeger, Burruss, Atherton, Wilson, Housley and Henderson of the 117th:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; and for other purposes.

HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A Bill to be entitled an Act to require the State Revenue Commissioner 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; and for other purposes.

HB 735. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th, Grahl of the 40th, Harrison of the 66th and Brooks of the 17th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Revenue Commissioner shall furnish the equalized adjusted school property tax digest of each county and each independent school system and of the State as a whole to the State Board of Education; and for other purposes.

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, Gates of the 95th, Brown of the 110th and others:
A Bill to be entitled an Act to create a racing commission in certain counties of this State for the regulation, licensing, and supervision of dog and horse racing, and wagering thereon; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1283

HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st, Battle of the 90th, Gignilliat of the 89th, Funk of the 92nd and Hill of the 94th:
A Bill to be entitled an Act to amend an Act creating a charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality; and for other purposes.

HB 738. By Mr. Carnes of the 104th:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to change the penalty for conviction of a certain type of commercial gambling; and for other purposes.

HB 739. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, so as to change the name of said court to the State Court of Macon County; and for other purposes.

HB 740. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Oxford, so as to change the compensation of the Mayor and Councilman; to provide for the election of the Mayor and Councilmen; and for other purposes.

HB 741. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Mansfield, so as to provide council posts; to provide that certain persons shall not be employed; and for other purposes.

HB 742. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the town of Newborn, so as to provide for the election of the Mayor and Councilmen; and for other purposes.

HB 743. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to provide for the election of the mayor and councilmen of the municipality of Porterdale; and for other purposes.

1284

JOURNAL OF THE HOUSE,

HB 744. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act providing for issuing special license tags to motor vehicle owners who operate amateur radio stations, so as to provide such tags may be issued for pickup trucks and station wagons; and for other purposes.

HB 745. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia National Guard; and for other purposes.

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of such license tags for pickup trucks and station wagons; and for other purposes.

HB 747. By Messrs. Harris of the 67th, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that in all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; and for other purposes.

HB 749. By Messrs. Kreeger, Atherton, Housley, Henderson, Wilson, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.

HB 750. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to change the election date for the members of the Stewart County Board of Education; and for other purposes.

HB 751. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to change the cor porate limits of said City; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1285

HB 752. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, so as to change the provisions relating to the compensation of the sheriff; and for other purposes.

HB 753. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary, so as to change the compensation of the said sheriff; and for other purposes.

HB 754. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), so as to change the compensation of the chairman of said Board; and for other purposes.

HB 755. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act providing compensation for the treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.

HB 756. By Messrs. Cato of the 68th, Games of the 104th, Felton of the 95th, Bostick of the 63rd, Rowland and Douglas of the 42nd, Collier of the 54th and Ross of the 26th:
A Bill to be entitled an Act to amend Code Section 114-403, relating to the right of the employer to be subrogated to the recovery of the em ployee against third parties, so as to provide that the employer shall bear a proportionate share of the attorney's fees in the event the employee is represented by an attorney; and for other purposes.

HR 255-756. By Messrs. Lowrey, Toles and Graves of the 9th:
A Resolution providing for and authorizing the conveyance of certain State property located in Floyd County, Georgia; and for other purposes.

HB 757. By Messrs. Jones and Buck of the 84th, Davis and Thompson of the 86th, Thompson and Berry of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Colum bus in the County of Muscogee, so as to extend the present corporate

1286

JOURNAL OF THE HOUSE,

limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; and for other purposes.

HB 758. By Mr. Collier of the 54th:

A Bill to be entitled an Act to amend an Act abolishing the fee system of

compensating the Sheriff of Lee County and providing in lieu thereof an

annual salary, so as to authorize the governing authority of Lee County

.

to purchase, maintain and replace, for the use of the office of the

sheriff, certain equipment and supplies, including one or more automo

biles; and for other purposes.

HR 256-758. By Messrs. Smith of the 43rd and Busbee of the 61st:
A Resolution creating the Support of Public Education Study Commit tee ; and for other purposes.

HR 257-758. By Messrs. Parker and Nessmith of the 44th:
A Resolution requesting the State Highway Department to designate a certain bridge as the "E. S. Lane Bridge"; and for other purposes.

HB 759. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act which provides a schedule of license fees for motor vehicles, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers, whether or not they are operated under the jurisdic tion of the Georgia Public Service Commission; and for other purposes.

HB 760. By Mr. Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribution of fees, costs, fines and forfeitures in said court; and for other purposes.

HB 761. By Messrs. Lewis of the 37th, Williams of the llth, Ballard of the 23rd, and Johnson of the 29th:
A Bill to be entitled an Act to provide that it shall be unlawful to operate any motor vehicle race track or other facility, within this State unless such race track or other facility is designed and constructed in such a maner so as to make it impossible for any motor vehicle to strike or injure any spectator or other person; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1287

HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd, Harris of the 10th, Adams of the 100th, Hood of the 99th, Smith of the 39th, Lane of the 101st and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endur ance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.

HB 787. By Mr. Matthews of the 16th:
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 change the restrictions relating to the location of businesses for which licenses are issued under the Act; and for other purposes.

SB 65. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to repeal an Act establishing the Georgia Legislative Retirement System; and for other purposes.

SB 85. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend Code Section 95-1504, as amended, to provide that State Highway Department is authorized to make regula tions and maintenance of any public utility Project; to make violation a misdemeanor; and for other purposes.

SB 120. By Senator Holloway of the 12th:
A Bill to be entitled an Act creating in each county or municipal cor poration a Development Authority; providing for the membership there of; and for other purposes.

SB 136. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that in all criminal cases in this State tried by a jury, it shall be the duty of the jury to render a verdict of guilty or not guilty; and for other purposes.

1288

JOURNAL OF THE HOUSE,

SB 164. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others:
A Bill to be entitled an Act to amend Code Section 88-1719, relating to the registration of marriages and the disposition of applications for marriage licenses, so as to provide for additional copies of the applica tion for a marriage license and the disposition thereof; and for other purposes.

SB 165. By Senators Smith of the 18th, Fincher of the 54th, Searcey of the 2nd, and others: A Bill to be entitled an Act to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation; and for other purposes.
SB 166. By Senator Adams of the 26th: A Bill to be entitled an Act to amend Code Chapter 73-2, relating to the sale and inspection of petroleum products, so as to provide that all bulk storage facilities or terminals must maintain a proper system whereby accuracy of self-measuring meters may be calibrated; and for other purposes.
SB 183. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that local units of school administration may obtain competitive bids from vendors; and for other purposes.
SB 201. By Senator Jackson of the 16th: A Bill to be entitled an Act to create within the executive branch of gov ernment the Georgia Department of Water Resources; and for other purposes.
SR 60. By Senator Riley of the 1st: A Resolution relative to a Foreign Trade Zone in the Port of Savannah, and for other purposes.
SB 115. By Senators Johnson of the 38th, Coggin of the 35th, Pennington of the 45th and others: A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, so as to repeal the Code Section relating to the improper use of a creidt card; to provide for a new Code Chapter relatinto the illegal use of credit cards; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1289

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 611. Do Pass as Amended. HB 507. Do Pass as Amended.

Respectfully submitted, Matthews of the 63rd, 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 fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

11. Do Pass.

HB 142. Do Pass.

HR 142-439. Do Pass.

HR 84-219. Do Pass as Amended.

Respectfully submitted, Floyd of the 7th,

Chairman.

Mr. Ware of the 30th, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration

1290

JOURNAL OF THE HOUSE,

the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 643. Do Pass.

Respectfully submitted, Ware of the 30th, Chairman.

Mr. Barber of the 15th, 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

35. Do Pass as Amended.

HB 173. Do Pass.

HB 195. Do Pass by Substitute.

HR 44- 87. Do Pass.

HR 77-199. Do Pass.

Respectfully submitted, Barber of the 15th, Chairman.

Mr. Lee of the 21st, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 376. Do Pass. HB 514. Do Pass.
Respectfully submitted, Lee of the 21st, Chairman.

WEDNESDAY, MARCH 5, 1969

1291

Mr. Pickard of the 84th, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB 523. Do Pass.

HB 366. Do Pass as Amended.

HR 63-136. Do Pass.

SR

15. Do Pass.

SB

131. Do Not Pass.

Respectfully submitted, Pickard of the 84th, Chairman.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 61. Do Pass by Substitute.

HB 694. Do Pass.

HB 613. Do Pass.

HB 709. HB 710. HB 712. HB 714.

Do Pass. Do Pass. Do Pass. Do Pass.

HB 715. Do Pass.

HB 717. Do Pass.

HB 718. Do Pass.

HB 719. Do Pass.

HB 722. Do Pass.

';

HB 627. Do Pass by Substitute.

Respectfully submitted, Harris of the 77th Chairman.

1292

JOURNAL OF THE HOUSE,

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 518. Do Pass. HB 595. Do Pass. HB 667. Do Pass as Amended. HB 670. Do Pass as Amended. HB 686. Do Pass. HB 701. Do Pass. HB 737. Do Pass. HB 752. Do Pass by Substitute. SB 63. Do Pass.

Respectfully submitted,
Clarke of the 33rd, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 761. Do Pass. HB 784. Do Pass.
Respectfully submitted, Williams of the llth, Chairman.

Mr. McCracken of the 36th, 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

WEDNESDAY, MARCH 5, 1969

1293

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 214. Do Pass by Substitute. HB 468. Do Not Pass. HB 529. Do Pass by Substitute. HR 249-701. Do Pass. HR 231-656. Do Pass.

Respectfully submitted, McCracken of the 36th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 700. By Messrs. Graves, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to authorize and effectuate the estab lishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 704. By Messrs. Maxwell and Simkins of the 78th, Sherman and DeLong of the 80th, Dent and Connell of the 79th:
A Bill to be entitled an Act to amend an Act incorporating the Trustees of the Masonic Hall in the City of Augusta; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

1294

JOURNAL OP THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the fol lowing Resolution of the House, to-wit:

HR 90-252. 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.
The Senate has passed by the requisite constitutional majority the follow ing Bills of the House, to-wit:
HB 172. By Messrs. Barber of the 15th, Russell of the 70th and Smith of the 43rd: A Bill to amend an Act creating the "Georgia State Scholarship Com mission", so as to increase the amount of the surety bond required of the Executive Director of the Commission; and for other purposes.
HB 200. By Messrs. Gunter and Moore of the 6th: A Bill to amend an Act providing a new charter for the City of Clarkesville, so as to authorize the Mayor and Council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; and for other purposes.
HB 204. By Mr. Henderson of the 117th: A Bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for the number of Assistant District Attorneys that may be employed by the District Attorney; and for other purposes.
HB 254. By Messrs. Henderson, Wilson and Housley of the 117th: A Bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for the qualifications of Assistant Solicitors of said Court who are assigned thereto by the District Attorney of the Cobb Judicial Circuit; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1295

HB 292. By Mr. Mason of the 13th:
A Bill to repeal an Act entitled, "An Act to establish the city court of Buford, in the City of Buford, in the county of Gwinnett . . . "; and for other purposes.

HB 308. By Mr. Lewis of the 37th:
A Bill to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the Senior Judge of the Augusta Judicial Circuit; and for other purposes.

HB 395. Messrs. Atherton, Burruss, Wilson, Kreeger, McDaniell and Henderson of the 117th:
A Bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; and for other purposes.

HB 405. By Messrs. Kreeger, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to amend an Act creating a new charter for the City of Smyrna, so as to amend said charter in order to add a new section to said Charter to be known as Section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.

HB 427. By Messrs. Johnson and Phillips of the 29th:
A Bill to amend an Act creating a new charter for the City of Thomason, so as to change the procedure for the sale and disposition of property belonging to the City of Thomason; and for other purposes.

HB 450. By Messrs. Gunter and Moore of the 6th:
A Bill to authorize the governing authority of Habersham County to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purposes of constructing, obtaining and maintaining fire protection facilities there for; and for other purposes.

HB 477. By Messrs. Graves, Toles and Lowrey of the 9th:
A Bill to amend an Act creating a new charter for the City of Rome, so as to clarify the powers and duties of the City Manager and of the Rome City Commission with respect to the appointment, discharge and governing of chiefs of fire and police departments by placing these powers under the immediate control of the City Manager; and for other purposes.

1296

JOURNAL OF THE HOUSE,

HB 503. By Messrs. Kreeger, Atherton, Wilson, Housley, Burruss and Henderson of the 117th:
A Bill to amend an Act incorporating the City of Powder Springs, so as to provide for election of Mayor and City Councilmen; and for other purposes.

HB 504. By Messrs. Kreeger, Housley, Atherton, Burruss, Wilson and Henderson of the 117th: A Bill to provide for the compensation of the Judge of the Cobb County Juvenile Court; and for other purposes.
HB 506. By Messrs. Russell and Keyton of the 70th: A Bill to amend an Act creating a new charter for the Town of Meigs, so as to extend the corporate limits of said Town; and for other purposes.

HB 508. By Messrs. Kreeger, Wilson, Atherton, Housley, and Henderson of the 117th: A Bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the compensation of the tax com missioner and the chief clerk of the tax commissioner; and for other purposes.
HB 512. By Messrs. Douglas and Rowland of the 42nd: A Bill to amend an Act creating the State Court of Laurens County, so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes.
HB 516. By Messrs. Cole and Leonard of the 3rd: A Bill to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; and for other purposes.

HB 520. By Messrs. Paris of the 14th, Mauldin and Milford of the 12th and Barber of the 15th:
A Bill to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, so as to change said salary; to provide said salary shall be paid; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1297

HB 526. By Mr. Wamble of the 69th:
A Bill to amend an Act incorporating the City of Cairo, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by City Annexation Ordinances; and for other purposes.

HB 530. By Messrs. Kreeger, McDaniell, Housley, Atherton and Burruss of the 117th:
A Bill to amend an Act known as the "Cobb County Civil Service System Act", so as to provide that the governing authority of Cobb County, may by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; and for other purposes.

HB 535. By Messrs. Kreeger, Wilson, Atherton, Housley, Burruss, Henderson and McDaniell of the 117th:
A Bill to amend an Act to create a Board of Commissioners of Eoads and Revenues of Cobb County, so as to empower said board to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for other purposes.

HB 541. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Thompson of the 86th:
A Bill to create the Muscogee County Charter Commission; to provide for all procedures and matters connected with the foregoing; and for other purposes.

HB 555. By Mr. Had away of the 27th:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Jasper County and providing in lieu thereof an annual salary, so as to change the compensation of said Sheriff; and for other purposes.

HB 556. By Mr. Hadaway of the 27th:
A Bill to amend an Act creating the Board of County Commissioners of Jasper County, so as to change the compensation of the chairman and members of said commission, and to provide for reimbursement of certain expenses; and for other purposes.

1298

JOURNAL OF THE HOUSE,

HB 574. Messrs. Davis, Ployd, Higginbotham and Westlake of the 75th, Dean of the 76th and others:
A Bill to amend an Act creating a chairman and board of county commissioners of DeKalb County, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; and for other purposes.

HB 303. By Mr. Hale of the 1st:
A Bill to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to wit:

HR 143-439. By Messrs. Atherton, McDaniell, Burruss, Wilson, Kreeger and Henderson of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide for the bonded indebtedness of the City of Marietta; and for other purposes.

The Senate has passed as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 118. By Mr. Vaughn of the 74th:
A Bill to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Depart ment in advance of need; to provide for the lease or sale of land acquired under this or any other authority; etc; and for other pur poses.

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.

HB 272. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide the amount of funds needed for voca tional schools; and for other purposes.

WEDNESDAY, MARCH 5, 1969

1299

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 67. By Senators Starr of the 44th and Coggin of the 35th:
A Resolution requesting the Civil Aeronautics Board to award certifica tion to operate air service between Atlanta, Ga., and Hawaii, and beyond Hawaii; and for other purposes.

SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th, and others:
A Resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes.

SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th, and others:
A Resolution proposing an amendment to Article 7, Section 7 of the Constitution so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county in an amount not to exceed $5.00; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 55. By Senator Coggin of the 35th:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved Feb. 2, 1945, as amended, so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.

SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A Bill to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, approved Jan. 3, 1938, as amended, so as to remove the limitation on the number of motor vehicles which may be purchased; to repeal conflicting laws; and for other purposes.

SB 213. By Senator Kidd of the 25th: A Bill to amend an Act creating a board of county commissioners of

1300

JOURNAL OF THE HOUSE,

Baldwin County, approved Dec. 26, 1888, as amended, so as to change the compensation which may be paid to said county commissioners; to repeal conflicting laws; and for other purposes.

SB 1. By Senators Rowan of the 8th, Adams of the 26th, and Kidd of the 25th:
A Bill to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to hospitalization and release of mentally ill persons by providing a procedure for the volun tary admission of patients and judicial hospitalization of patients to hospitals for the mental ill; 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 67. By Senators Starr of the 44th and Coggin of the 35th: A Resolution requesting the Civil Aeronautics Board to award certifica tion to operate air service between Atlanta, Georgia, and Hawaii, and beyond Hawaii; and for other purposes.
Referred to the Committee on Industry.
SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th, and others: A Resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.
SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th, and others: A Resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county in an amount not to exceed $5.00; and for other purposes.
Referred to the Committee on Ways and Means.
SB 1. By Senators Rowan of the 8th, Adams of the 26th, and Kidd of the 25th: A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relat ing to hospitalization and release of mentally ill persons; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

WEDNESDAY, MARCH 5, 1969

1301

SB 55. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County. . .", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
Referred to the Committee on Education.

SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A Bill to be entitled an Act to amend an Act which made comprehensive provisions for an integrated tax administration for Georgia, so as to remove the limitation on the number of motor vehicles which may be purchased; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 213. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners of Baldwin County, so as to change the compensation which may be paid to said county commissioners; and for other pur poses.
Referred to the Committee on Local Affairs.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requir ing the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.
The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 288 as follows:
By inserting in the title of the bill after the phrase "to provide that the procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles"; and before the phrase "to pro vide an effective date"; the phrase "to provide for offenses relating to title certificates;"; by striking in its entirety Section 4 of the bill and substituting in lieu thereof the following:

1302

JOURNAL OF THE HOUSE,

"Section 4. Said Act is further amended by striking subsection (c) of Section 21 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) (1) If the holder of any lien as defined in Section 2(k) hereof (excepting the holder of a mechanic's lien, perfection for which is prescribed in Section 23 hereof), desires to perfect such lien against a vehicle the lienholder shall, on the form prescribed by the Commissioner, execute under oath a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed, and the lienholder shall forward such notice and title application, together with the $1.00 fee either personally or by registered mail return receipt requested, to the person who has custody of the current certificate of title at the address shown on said certificate of title. If someone other than the owner is holding the certificate of title a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the registered mail receipt as proof of compliance with this Section.

"After receipt of the notice of lien as specified in this Section neither the owner nor any other person shall take any action affecting the title other than as provided in this Section. After receipt of the notice of lien the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten (10) days. If during the ten (10) day period following receipt of the notice the claimed lien is satisfied the lien claimant shall on the form prescribed by the Commissioner notify the owner and person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien they shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given or if ten (10) days have elapsed without the lien being satisfied then the person holding the certificate of title shall forward the certifi cate of title together with the notice of lien and attachments thereto to the Commissioner in order that the Commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner and the person who has custody of the current certificate of title shall comply with the instructions contained in the notice and in the event he cannot do so he shall notify the lien claimant. The Commissioner, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on his records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provide for in this Act. The lien shall be per fected at the time the lien notice, application for title, fee and cur rent certificate of title are received by the Commissioner. In the event that the person who has custody of the current certificate of title fails, refuses or neglects to forward the title application, notice, fee and current certificate of title to the Commissioner as required herein, the lien claimant may, if his lien has not been satisfied, on a form prescribed by the Commissioner, make direct application to the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing

WEDNESDAY, MARCH 5, 1969

1303

the previous mailing of the title application, fee and form to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the Commissioner shall order the person who has custody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If after a direct application to the Commissioner and after the order of the Commissioner the person who has custody of the current certificate of title continues to fail, refuse or neglect to forward the certificate of title as provided herein, the Commissioner may cancel the current certificate of title and issue a duplicate certificate of title reflecting all security interest and liens, and this duplicate certificate of title shall be delivered as provided for in this Act. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is cancelled. Any security interest holder or lienholder having custody of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this Section. The first security interest holder or lienholder shall have the responsibility to advise a prospective trans feree or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the Commissioner shall cancel the old certificate of title.

"(2) A lien perfected under the provisions of this Section shall be a lien only against the specific vehicle identified in the applica tion for a new certificate.

"(3) A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by com pliance with this Section.

"(4) Any lien which was perfected prior to the effective date of this Act shall remain perfected as of its original date if the lienholder refiles his lien and perfects it as provided by this Act within three (3) months after the effective date of this Act; other wise, such liens shall not continue perfected in this State.

"(5) The procedure contained in this Act shall be the ex clusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected."

Said Act is further amended by inserting at the end of subsection (b) of Section 31 a new subsection (c) of Section 31 to read as follows:

"(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in Section 21 of this Act after having received a notice of lien as provided in Section 21 of this Act is guilty of a misdemeanor."

1304

JOURNAL OF THE HOUSE,

Mr. Caldwell of the 39th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 98, nays 0.
The motion prevailed and the Senate amendment to HB 288 was agreed to.
HB 118. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for the lease or sale of land acquired under this or any other authority, etc.; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Highways offers the following amendment to HB 118.
First, by adding to the caption of said bill the word "exchange" just after the word "lease" in the fifth line thereof.
Second, by striking the last sentence of Section 7 and substituting in lieu thereof the following language:
"When, in the opinion of the Department, changed conditions have made continued ownership by the Department of property acquired for highway rights-of-way or maintenance or construction of roads no longer necessary for such purposes, the Department may sell such land at public sale; provided, that the original owner whose property had been so acquired by the exercise of eminent domain, or his successor in interest, shall have the first right to purchase such property at a price not in excess of that finally paid under the exercise of the power of eminent domain. When, in the opinion of the Department, it is desirable to exchange property acquired for such purposes for other property needed for highway purposes, the Department may make such exchange provided the other property is appraised at equal or greater value."

Mr. Vaughn of the 74th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 101, nays 0.
The motion prevailed and the Senate amendment to HB 118 was agreed to.

WEDNESDAY, MARCH 5, 1969

1305

HB 112. By Mr. Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, approved February 1, 1950, as amended, so as to provide for the increasing of death benefits in the amount of $500; and for other purposes.

The following Senate amendment was read:
Senator Tysinger of the 41st moves to amend House Bill No. 112, by inserting in line 18 of page 3, following the word "act", the foling:
"together with interest thereon at the rate of eight (8%) per centum per annum from the date of such refund".
Mr. Harris of the 77th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 104, nays 0.

The motion prevailed and the Senate amendment to HB 112 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 225. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to prohibit the intentional dumping or leaving of a dead dog on private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal; etc.; to provide for the confinement of female dogs in heat; to provide for penalties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Atherton Ballard Barber

Bell Berry Black Blalock

Bohannon Bostick Bowen Brantley, H. H.

1306
Brantley, H. L. Brooks Brown, C. Buck Gates Chandler Cole Collier Colwell Connell Cook Cooper Davis, E. T. Davis, W. Dean, N. Dent Dodson Dorminy Douglas Edwards Ellis Evans Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gaynor Geisinger Grahl Graves Hamilton Harringtn Harris, J. R. Harris, R. W. Hawes Henderson Hill, G.

JOURNAL OF THE HOUSE,
Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, C. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lee, W. S. Leonard Levitas Lewis, P. B. Lowrey Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford Miller Moate Morris Murphy Nessmith Nunn Pafford

Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Ross Rowland Rush Russell Salem Scarlett Shepherd
Sims Smith, V. T. Sorrells Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Winkles Wood

Those voting in the negative were Messrs.:

Alexander Crowe Fallin Hale Harris, J. F.

Hill, B. L. Johnson Longino Odom Peters

Sherman Simkins Snow

Those not voting were Messrs.:

Anderson Barfield Battle Bennett Bond Bray

Brown, B. D. Burruss Busbee Caldwell Carnes Cato

Clarke Collins, M. Collins, S. Conger Conner Dailey

Daugherty Dean, J. E. DeLong Dickinson Dixon Egan Ezzard
Gary Gignilliat Gunter Hadaway
Hargrett Harrison

WEDNESDAY, MARCH 5, 1969

1307

Higginbotham Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Marcus Mason
Matthews, D. R. Melton Moore Mullinax
Nash Northcutt

Phillips, G. S. Pickard Roach Scarborough Shanahan Simmons Smith, J. R.
Sweat Townsend Wilson Mr. Speaker

On the passage of the Bill, the ayes were 127, nays 13.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Busbee of the 61st stated that he had been called from the floor of the House when the roll was called on HB 225, but had he been present would have voted "aye".

HB 557. By Messrs. Dorminy and Hudson of the 48th and Busbee of the 61st:
A Bill to be entitled an Act to amend subsec. (G) of Code Section 921404, relating to the distribution of funds to counties for construction and maintenance of public roads, as amended, so as to provide for the time of submission of certificates of accumulation of funds and proof of deposit or investment of such funds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Barber Battle Bell

Berry Black Blalock Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck

1308

JOURNAL OF THE HOUSE,

Burruss Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Pallin Farmer Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hale Hargrett Harrington Harris, J. F. Harris, R. W.

Henderson
Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Morris Mullinax Murphy Nessmith

Northcutt
Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd
Sherman Simkins Simmons Sims Smith, V. T. Snow Thompson, A. W. Thompson, R.
Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.

Ballard

Harris, J. R.

Sorrells

Those not voting were Messrs.:

Barfield Bennett

Collins, S. Conner

Dailey Dean, J. E.

Dickinson Dixon Egan Parrar Ployd, J. H. Gunter Hamilton Harrison Hawes

WEDNESDAY, MARCH 5, 1969

1309

Holder Howell Jones, C. M. Knowles Lambert Moore Nash Pickard Poole

Shanahan Smith, J. R. Sweat Thomason Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 609. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwithstanding the question of the dependency of the next of kin upon the decedent for support; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Atherton Ballard Barber Bell Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, C. Buck Burruss Busbee Caldwell Games Gates Chandler Clarke Cole Collier Collins, M. Colwell Conger Connell

Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans

1310

JOURNAL OF THE HOUSE,

Ezzard Tallin Farrar Felton Floyd Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hale Hamilton Harrington Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger

Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Paris Parker, H. W. Patterson, J. K. Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R.

Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Scarborough Scarlett Shepherd
Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Voting in the negative was Mr. J. R. Harris.

Those not voting were Messrs.:

Barfield Battle Bennett Bond Brown, B. D. Cato Collins, S. Conner Dailey Dean, J. E.

DeLong Dickinson Farmer Floyd, J. H. Hadaway Hargrett Harrison Hill, G. Howell Knowles

Lewis Matthews, C. Nash Pafford Parker, C. A. Salem Shanahan Simmons Townsend Mr. Speaker

WEDNESDAY, MARCH 5, 1969

1311

On the passage of the Bill, the ayes were 164, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 652. By Messrs. Bell of the 73rd, Westlake of the 75th and Coiling of the 72nd:
A Bill to be entitled an Act to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, so as to require a fiscal note from the principal administrative officer of certain re tirement systems; to provide the procedures connected therewith; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Bell Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Bray
Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Chandler Cole

Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N.
Dent Dixon
Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar

Felton Floyd, J. H. Floyd, L. R. Gary Geisinger Graves Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham
Hill, B. L. Hill, G.
Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M.

1312
Jones, M. Jordan, G. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt
Miles
Milford

JOURNAL OP THE HOUSE,

Miller Moate Morris Mullinax Nash Nessmith Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts
Reaves
Roach
Ross
Rowland
Rush
Russell
Salem
Scarborough

Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson. A. W. Thompson, R. Toles Towiisend Vaughn Wamble Ware Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Winkles
Williams
Wilkerson
Wilson
Wood

Voting in the negative was Mr. Rainey.

Those not voting were Messrs.:

Barfield Battle Bennett Brantley, H. L. Brooks Cato Clarke Dailey Dean, J. C. DeLong Dickinson

Farmer Funk Gaynor Gignilliat Grahl Gunter Hadaway Hale Hamilton Harrison Jordan, H. S.

Knowles Matthews, C. Moore Murphy Nunn Peterson Phillips, G. S. Shanahan Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 5, 1969

1313.

HB 674. By Mr. Brantley of the 114th:
A Bill to be entitled an Act to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers and for other purposes.

The report of the Committee, which v/as favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Bell Berry Black Blalock Bostick Bowen Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Clarke Cole Collier Collins, M. Colwell Conger Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent

Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Graves Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb

Jones, Mi1

Jordan, G.

Jordan, H. S.

Keen

Keyton

Knapp

Kreeger

Lambert

Lane, Dick

Lane, W. J.

Lee, W. J. (Bill) ,

Lee, W. S.

Leonard

Levitas

Lewis

Longino

Lowrey

.',:.

Marcus

Matthews, D. R.

Mauldin

Maxwell

McClatchey

McCracken

McDaniell

Melton

;

Merritt

Miles

Milford

Miller

Moate

Morris

MulliiJax

Murphy

Nash

Nessmith

Northcutt

Odom

:

Pafford

1314
Paris Parker, C. A. Parker, H. W. Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland

JOURNAL OF THE HOUSE,
Rush Russell Salem Scarborough Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.

Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles Williams Wilson Wood

Those not voting were Messrs. :

Barfield Battle Bennett Bohannon Bond Brantley, H. H. Brantley, H. L. Cato Chandler Collins, S. Conner Dailey

DeLong Dickinson Farmer Floyd, J. H. Funk Gignilliat Grahl Gunter Hadaway Hale Hamilton Harrison

Knowles Mason Matthews, C. Moore Nunn Patterson Peterson Scarlett Shanahan Simmons Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 689. By Messrs. Keyton and Russell of the 70th, Connell and Dent of the 79th, Miles of the 78th and McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justice of the peace in each militia district; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 5, 1969

1315

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bowen Brantley, H. L. Bray Brooks Brown, B. D. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Collier Collins, M. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dixon
Dodson
Dorminy
Douglas
Edwards
Egan
Ellis
Evans
Ezzard
Fallin

Farrar Felton Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder-
Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jordan, G. Jordan, H. S. Keen
Keyton
Knapp
Kreeger
Lambert
Lane, Dick
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.

Maxwell McClatchey McCracken Melton Merritt Miles Milford Miller Moate Morris Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush
Russell
Scarlett
Shepherd
Simkins
Simmons
Sims
Smith, J. R.
Smith, B. T.
Snow
Sorrells
Sweat
Thompson, R.
Toles
Townsend
Vaughn

1316
Wamble Ware Westlake Whaley

JOURNAL OF THE HOUSE,

Wheeler, Bobby Wheeler, J. A. Wilkerson Winkles

Williams Wilson Wood

Those voting in the negative were Messrs.:

Jones, M.

Thomason

Thompson, A. W.

Those not voting were Messrs.:

Barfield Bennett Bond Bostick Brantley, H. H. Brown, C. Cole Collins, S.
Dailey
DeLong

Dickinson Farmer Floyd, J. H. Geisinger Gunter Harrison Knowles Lane, W. J.
Leonard
Mauldin

McDaniell Moore Nessmith Salem Scarborough Shanahan Sherman Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Nessmith of the 44th stated that he had been called from the floor of the House when the roll was called on HB 689, but had he been present would have voted "aye".

HB 527. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to amend Code Section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: "Have you filed an intangible tax return for this year? If not, why not?"; and for other purposes.

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend HB 527 by striking from the title and from the quoted portion of Section 1 the words "this year?" and substituting in lieu thereof the words: "the year covered by this return?"

WEDNESDAY, MARCH 5, 1969

1317

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 Atherton Ballard Barber Battle Berry Black Blalock Bohannon
Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Egan

Ellis Evans Ezzard Fallin Parrar Pelton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert

Lane, Dick Lee,W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miles Milford Miller Moate Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patter son Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rowland Rush

1318

JOURNAL OF THE HOUSE,

Eussell Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow

Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware

Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Voting in the negative was Mr. Burruss.

Those not voting were Messrs.:

Barfield Bell
Bennett Bond Bostiek Brown, B. D. Clarke Collins, M. Dailey Dean, J. C. DeLong

Dickinson Farmer
Floyd, J. H. Gunter Hadaway Harrison Knowles Lane, W. J. Leonard Lewis McDaniell

Moore Morris
Odom Ross Salem Scarborough Shanahan Simmons Townsend 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.

HB 550. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Collins of the 72nd, Dean of the 19th, Lane of the 101st, Wood of the llth and Crowe of the 1st:
A Bill to be entitled an Act to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected therewith; to define "armed conflict"; and for other purposes.

The following substitute, offered by Messrs. Gignilliat of the 89th and Ware of the 30th, was read and adopted:
A BILL
To be entitled an Act to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected there with; to define "armed conflict"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

WEDNESDAY, MARCH 5, 1969

1319

Section 1. Any veteran who has served on active duty as a mem ber of the armed forces of the United States for a period of more than 180 days (not counting service under an initial period of active duty for training under the "6 months" reserve or national guard programs), any portion of which service occurred during a period of armed conflict in. which any branch of the armed forces of the United States engaged^ whether under United States command or otherwise, and who was hon orably discharged therefrom, shall be entitled to and shall have five points added to his passing score on any competitive civil service exami
nation for employment with the State government or any political sub division thereof; provided, however, that such veteran is not already eligible for veterans preference under Article III, Section VII, Paragraph XXIV of the Constitution of the State of Georgia.

Section 2. Such veteran who has at least ten per centum service connected disability as rated and certified by the Veterans Administra tion shall be entitled to and shall have ten points added to his passing score on such examination, said ten point preference being in lieu of, and not in addition to, any other similar preference accorded by law.

Section 3. For purposes of this Act, "armed conflict" shall include armed military intervention beyond the limits of the United States as well as any confrontation of the armed forces of the United States with foreign nationals in which actual hostilities erupt.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock

Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, C. Buck Burruss Busbee

Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell

1320
Conger Connell Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallinl Farrar Felton Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson

JOURNAL OF THE HOUSE,
Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Moate Morris Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris

Parker, C. A. Parker, H. W.
Patterson Peters Peterson Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Scarlett Shepherd Sherman Simkins Simmons Sims
Smith, J. R. Smith, V. T. Snow Sorrells
Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bennett Bond Brown, B. D. Conner

Dailey Dean, J. E. DeLong
Dickinson Farmer

Floyd, J. H. Geisinger Gunter Harris, J. R. Harrison

Knowles Lane, W. J. Levitas

WEDNESDAY, MARCH 5, 1969

1321

Moore Salem Scarborough

Shanahan Townsend Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 296. By Messrs. Northcutt of the 21st, Lane of the 101st, Dailey of the 53rd, Bray of the 31st, Gary of the 21st and others:
A Bill to be entitled an Act to provide for reimbursement of reasonable relocation expenses of homeowners or owners of businesses who have been displaced as a result of airport expansion; to provide for proration of ad valorem taxes on certain condemned properties; and for other purposes.

An amendment, offered by Mr. Henderson of the 117th, was read and lost.
The following amendment was read and adopted:
Mr. Matthews of the 21st moves to amend House Bill No. 296 as follows:
By inserting in the title after the words "To be entitled an Act to provide" the following;
"that a homeowner or business owner shall be entitled to an award based on the highest and best use of his property when the property is condemned by any lawful authority for airport expansion purposes, and to provide",
And by inserting in the last sentence of the first paragraph of Section 1, between the words "actual" and "expenses", the word "reasonable".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Ballard Barber Bell

Berry Blalock Bohannon Bond

Bostick Brantley, H. H. Bray Brown, B. D.

1322

JOURNAL OF THE HOUSE,

Brown, C. Buck Burruss Caldwell Cole Collier Collins, M. Connell Cooper Crowe Davis, E. T. Davis, W. DeLong Dent Dorminy Douglas Edwards Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Graves Gunter Hadaway Hargrett

Harrington Harris, J. F. liigginbotham Hill, B. L. Hill, G. Hood Horton, Housley Hudson Hutchinson Keyton Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Moate Morris Mullinax

Murphy Northcutt Pafford Paris Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Potts Rainey Reaves Roach Rush Russell Salem Shepherd Sherman Smith, V. T. Sweat Thompson, A. W. Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Wood

Those voting in the negative were Messrs.

Adams Alexander Atherton Battle Brantley, H. L. Carnes Conger Cook Daugherty Dean, J. E. Dodson Egan Ellis Evans

Gaynor Geisinger Gignilliat Hamilton Harris, J. R. Henderson Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Kreeger Lambert Lee, W. S.

Levitas Lewis McClatchey Miller Odom Pinkston Ross Scarborough Simkins Sims Sorrells Thompson, R. Ware Winkles

Those not voting were Messrs.:

Barfield Bennett Black Bowen Brooks Busbee

Gates Cato Chandler Clarke Collins, S. Colwell

Conner Dailey Dean, N. Dickinson Dixon Grahl

Hale Harris, R. W. Harrison Hawes Holder Howell Johnson Joiner Jones, C. M. Jordan, G. Knowles

WEDNESDAY, MARCH 5, 1969

1323

Marcus McCracken Moore Nash Nessmith Nunn Parker, C. A. Phillips, G. S. Pickard Poole Rowland

Scarlett Shanahan Simmons Smith, J. R. Snow Thomason Toles Townsend Williams Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 102, nays 42.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Games of the 104th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 296, as amended.

Mrs. Merritt of the 46th stated that she had been called from the floor of the House when the roll was called on HB 296, as amended, but had she been present would have voted "aye".

Mr. Marcus of the 105th stated that he had been called from the floor of the House when the roll was called on HB 296, as amended, but had he been present would have noted "nay".

Mr. Gunter of the 6th stated that he had inadvertently voted "aye", but intended to vote "nay" on HB 296, as amended.

Mr. Carnes of the 104th asked unanimous consent that his previous notice of motion to reconsider HB 296, as amended, be withdrawn.

The consent was granted, and the notice of motion was withdrawn.

Mr. Northcutt of the 21st asked unanimous consent that HB 296, as amended, be immediately transmitted to the Senate.

1324

JOURNAL OF THE HOUSE,

The consent was granted, and HB 296, as amended, was ordered immediately transmitted to the Senate.

The Speaker announced the House recessed until 1:30 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 Bill of the House was again taken up for consideration:
HB 103. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to amend an Act approved March 30, 1937 relative to the taxation of cigars and cigarettes, so as to increase the excise tax on cigarettes; and for other purposes.

Mr. Pafford of the 64th moved that HB 103 and all amendments thereto be postponed until disposition of HB 641, relating to the local option sales tax, be made.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Atherton Ballard Battle Bell Bond Bostick Bowen Brantley, H. H. Brown, B. D. Burruss Clarke Collier Collins, M. Cook Davis, W.

Bent Dixon Evans Ezzard Fallin Farmer Farrar Felton Floyd, L. R. Gaynor Geisinger Gignilliat Hadaway Hamilton Harris, J. F. Hawes Henderson

Hill, B. L. Hill, G. Hood Horton Howell Hutchinson Jones, Herb Jones, M. Keen Keyton Kreeger Lee, W. S. Leonard, G. H. Levitas Lowrey Matthews, D. R. McDaniell

Merritt Miller Morris Northcutt Odom Pafford Patterson Pickard

WEDNESDAY, MARCH 5, 1969

1325

Pinkston Reaves Ross Russell Scarborough Shepherd Simkins Simmons

Sweat Wamble Westlake Whaley Wheeler, Bobby Wilson Winkles

Those voting in the negative were Messrs.:

Adams Barber Berry Blalock Bohannon Brantley, H. L. Brown, C. Buck Carnes Cato Chandler Cole Colwell Connell Cooper Crowe Davis, E. T. Dean, N. Dodson Douglas Ellis Floyd, J. H. Grahl Graves Hale Hargrett

Harris, J. R. Higginbotham Holder Hudson Joiner Jones, C. M. Jordan, G. Jordan, H. S. Knapp Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lewis Marcus Mason Mauldin! Maxwell McClatchey Melton Miles Moate Moore Mullinax Murphy Nash

Paris Parker, C. A. Parker, H. W. Peters Peterson Phillips, G. S. Phillips, W. R. Potts Rainey Roach Rowland Rush Scarlett Sherman Sims Smith, J. R. Smith, V. T. Snow Thompson, R. Toles Vaughn Ware Wheeler, J. A. Wilkerson Wood

Those not voting were Messrs.:

Barfield Bennett Black Bray Brooks Busbee Caldwell Gates Collins Conger Conner Dailey Daugherty Dean, J. E. DeLong

Dickinson Dorminy Edwards Egan Funk Gary Gunter Harrington Harris, R. W. Harrison Housley Johnson Knowles Longino Matthews, C.

McCracken Milford Nessmith Nunn Phillips, L. L. Poole Salem Shanahan Sorrells Thomason Thompson, A. W. Townsend Williams Mr. Speaker

1326

JOURNAL OF THE HOUSE,

On the motion to postpone, the ayes were 74, nays 77.

The motion was lost.

Mr. Odom of the 61st moved that HB 103 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 Atherton Battle Bell Bowen Burruss Carnes Cato Collier Collins, M. Collins, S. Davis, W. Dickinson Dixon Dodson Evans Ezzard

Fallin Floyd, J. H. Floyd, L. R. Geisinger Harrington Hawes Higginbotham Hill, G. Horton Hudson Hutchinson Johnson Jones, Herb Jordan, G. Kreeger Lee, W. S. Levitas

Those voting in the negative were Messrs.:

Adams Alexander Ballard Barber Barfield Bennett Berry Bohannoni Bostick Brooks Brown, C. Buck Chandler Clarke Cole Colwell Connell Cooper Crowe

Daugherty Davis, E. T. Dean, N. Dent Douglas Egan Ellis Farmer Farrar Gaynor Gignilliat Grahl Graves Gunter Hale Hamilton Hargrett Harris, J. F. Harris, J. R.

Marcus Matthews, D. R. McDaniell Miller Odom Pafford Phillips, L. L. Pickard Pinkston Simkins Smith, J. R. Sweat Wamble Westlake Wheeler, Bobby Wilson
Harris, R. W. Holder Hood Joiner Jones, C. M. Keen Keyton Knapp Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Lewis Longino Lowrey Mason Matthews, C. Mauldin Maxwell

McClatchey Melton Merritt Miles Milford Moore Mullinax Murphy Nash Nunn Paris Parker, C. A. Patterson Peters

WEDNESDAY, MARCH 5, 1969

1327

Peterson Phillips, G. S. Phillips, W. R. Potts Rainey Reaves Roach Rowland Rush Russell Salem Scarlett Shepherd Sherman

Sirns Snow Sorrells Thompson, R.
Toles
Vaughn Ware Wheeler, J. A. Wilkerson Williams Winkles Wood

Those not voting were Messrs.:

Black Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Busbee Caldwell Cates Conger Conner Cook Dailey Dean, J. E. DeLong

Dorminy Edwards Felton Funk Gary Hadaway Harrison Henderson Hill, B. L. Housley Howell Jones, M. Jordan,H. S. Knowles Lane, Dick McCracken

Moate Morris Nessmith Northcutt Parker, H. W. Poole Ross Scarborough Shanahan Simmons Smith, V. T. Thomason Thompson, A. W. Townsend Whaley Mr. Speaker

On the motion to table, the ayes were 50, nays 97.

The motion was lost.

Mr. Smith of the 3rd stated that he had been called from the floor of the House when the roll was called on the motion to table HB 103, but had he been present would have voted "nay".

An amendment, offered by Mr. Townsend of the 115th, was read and lost.

The report of the Committee which was favorable to the passage of the Bill, was agreed to.

1328

JOURNAL OP THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Barber Berry Bohannon Bray Brown, B. D. Brown, C. Chandler Cole Connell Cooper Davis, E. T. Dean, N. Dent Douglas Eganl Ellis Felton Gaynor Grahl Graves Gunter Hale Hamilton Harrington

Harris, J. P. Harris, J. R. Hill, B. L. Holder Housley Joiner Jones, M. Jordan, H. S. Keyton Knapp Lambert Lane, W. J. Lewis Lowrey Mason Matthews, C. Mauldin Maxwell MeClatchey McCracken Melton Miles Milford Moore

Those voting in the negative were Messrs.

Alexander Anderson Ballard Battle Bell Black Bond Bo stick Bowen Brantley, H. L. Burruss Cato Collins, M. Collins, S. Conner Crowe Daugherty Davis, W. Dickinson Dixon Dodson Dorminy

Evans Ezzard Fallin Farmer Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Hargrett Harrison Hawes Henderson Hill, G. Horton Howell Hudson Hutchinson Johnson Jones, Herb Jordan, G. Keen

Murphy Nash Paris Parker, C. A. Parker, H. W. Peterson Phillips, G. S. Phillips, W. R. Roach Russell Scarlett Simkins Simmons Sims Smith, V. T. Snow Thompson, A. W. Thompson, R. Toles Vaughn Wilkerson Williams Winkles Wood
Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Marcus Matthews, D. R. McDaniell Merritt Miller Morris Mullinax Northcutt Odom Pafford Patterson Peters Phillips, L. L. Pickard Pinkston Reaves

WEDNESDAY, MARCH 5, 1969

1329

Ross Rush Salem Scarborough Sorrells

Sweat Thomason Wamble Westlake Whaley

Wheeler, Bobby Wheeler, J. A. Wilson

Those not voting were Messrs.:

Adams Atherton Barfield Bennett Blalock Brantley, H. H. Brooks Buck Busbee Caldwell Carnes Gates Collier Colwell Conger

Cook Dailey Dean, J. E. DeLong Edwards Furik Gary Hadaway Harris, R. W. Higginbotham Hood Jones, C. M. Knowles Leonard Moate

Nessmith Nunn Poole Potts Rainey Rowland Shanahan Shepherd Sherman Smith, J. R. Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 72, nays 79.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Messrs. Busbee of the 61st and Buck of the 84th stated that they had been called from the floor of the House when the roll was called on HB 103, but had they been present would have voted "nay".

Mr. Gary of the 21st stated that he had been called from the floor of the House when the roll was called on HB 103, but had he been present would have voted "aye".

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Egan of the 116th, Lambert of the 25th and others:
A Bill to be entitled an Act to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; to provide for penalties for violations; to provide an effective date; to repeal conflict ing laws; and for other purposes.

1330

JOURNAL OP THE HOUSE,

The following Committee substitute was read:

A BILL
To be entitled an Act to provide that no person shall recove, fill, dredge or drain or otherwise alter any marshlands in this State without first filing a written notice with the political subdivision in which a majority of the land of proposed activity described in such application lies; to provide for a short title; to define certain terms; to provide the procedure for filing applications; to provide for hearings; to provide for fees; to provide for the issuance of permits; to provide for the denial of permits under certain conditions; to provide for appeals; to provide for the posting of the permit; to provide penalties for violations; to provide for exceptions; to provide for severability; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
WHEREAS, scientific research has established that the estuarine areas of Georgia are a necessary habitat of many species of marine life and wildlife, and without the food supplied by the marshlands, such marine life and wildlife could not survive; and
WHEREAS, the estuarine marshlands of coastal Georgia have been the subject of intensive marine research which has revealed that these marshlands are the richest provider of nutrients in the world; and
WHEREAS, the marshlands of Georgia provide a great buffer against flooding and erosion, and act as a control of many pollutants; and
WHEREAS, the estuarine areas and coastal marshlands provide vital outdoor recreation for the people of our State; and
WHEREAS, it is becoming alarming apparent that intensified industrial activity accompanied by related commercial development in the coastal areas poses a serious threat to the coastal marshlands; and
WHEREAS, it is imperative that the State of Georgia regulate the coastal marshlands in the exercise of its police power in order to pro tect the welfare, health and safety of the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Short Title.--This Act shall be known and may be cited as the ''Coastal Marshlands Protection Act of 1969."

WEDNESDAY, MARCH 5, 1969

1331

SECTION 2

Definitions.--Unless clearly indicated otherwise by the context, the following terms, when used in this Act for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section:

(a) "Coastal marshlands" hereinafter referred to as "marsh lands" means any marshland or salt marsh in the State of Georgia within the estuarine area of the State, whether or not the tide waters reach the littoral areas through natural or artificial water courses. Marshland shall include those areas upon which grow some, but not necessarily all, of the following: Spartina, Distichlis, Juncus, Salicornia, Linonicum, Scirpus, Spergularia, Panicus, Iva Frucksens, Typha, Eleocharis, Argostis, and Hierochlee. The occurrence and extent of salt marsh peat at the undisturbed surface shall be con strued to be true evidence of the extent of a salt marsh or a part thereof.

(b) "Estuarine area" means all tidally-influenced waters, marshes and marshlands lying within a tide-elevation range from 5.6 feet above mean sea level and below.

(c) "Person" means any individual, partnership, corporation, municipal corporation, county, association, public or private au thority, and shall include the State of Georgia and all of its depart ments, boards, bureaus, commissions or other agencies, unless specifically exempted by the provisions of this Act.

(d) "Applicant" means any person who files an application under the provisions of this Act.

(e) "Political subdivision" means the governing authority of a county or a municipality in which a majority of the marsh lands are located, except as provided in Section 3 (a).

SECTION 3
Applications, procedure and hearings.--
(a) No person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State without first filing written notice of intention to do so, including such plans as may be necessary to describe the proposed activity, with the political subdivision in which the majority of land of proposed activity described in such written notice lies. If the proposed activitiy involves the same amount of marshlands in two or more political subdivisions, the applicant shall have the option of filing his application with the political subdivision of his choice in one of the political subdivisions. Such notice shall be sent to the governing authority of such political subdivision by regis tered or certified mail. The governing authority of the political sub division shall hold a public hearing on the proposal within forty-five (45) days of receipt of the notice and shall notify by registered or

1332

JOURNAL OF THE HOUSE,

certified mail the person proposing the alteration and all abutting property owners from a mailing list of such property owners supplied by the applicant, and the public by notice in the newspaper authorized to publish sheriffs' advertisements in the county where a majority of the marshlands are located once a week for two consecutive weeks next preceding the date set for the hearing.

(b) The applicant shall not commence work under his proposal unless and until a certificate of the Secretary of State of Georgia has been secured by the applicant stating that
(1) the applicant has submitted to the Secretary of State a title insurance policy from a title insurance company, authorized to do business in Georgia, certifying that the applicant is the owner of the marshlands which are the subject of the proposed activity;

(2) the applicant has submitted to the Secretary of State an affidavit that the lands of proposed activity are within the property described in such title policy;
(3) the Secretary of State has received a certified check or money order in the amount of $25.00 payable to the Secretary of State in order to defray administrative costs.

(c) The Secretary of State shall issue a certificate within thirty (30) days after request therefor has been duly posted in the United States mail by registered mail in an envelope addressed to the Sec retary of State of Georgia at his proper address with sufficient postage attached and containing the title insurance policy, affidavit and certi fied check or money order as provided above, together with a notice of approval of the proposed activity certified to by the political sub division. Upon issuing said certification, the Secretary of State shall return the title insurance policy to the applicant, with his approval marked thereon.

(d) In every instance the written notice filed by the applicant shall be accompanied by a plan or drawing showing the proposal and the manner in which said proposal shall be accomplished. In the event the application is for filling, dredging or draining and the governing au thority of the political subdivision finds that such proposal is not violative of any zoning law, ordinance, or other local restrictions which may be applicable thereto, and that no harmful obstruction to or alteration of the natural flow of navigable water within such area will arise from the proposed change of use, and that no harmful or in creased erosion, shoaling of channels or stagnant areas of water will be created thereby, and that no material injury or monetary damage to adjoining land will accrue therefrom, permission to carry out the proposal shall be given in writing to the applicant. Prior to the issuance of such permit, the governing authority of the political sub
division shall determine whether the granting of such permit and the completion of the applicant's proposal will interfere with the con servation of fish, shrimp, oysters, clams, or any marine life or wildlife or other natural resources, to such an extent as to be contrary to the

WEDNESDAY, MARCH 5, 1969

1333

public interests, and whether the proposal will result in the destruction of marine productivity, including, but not limited to, destruction of natural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, including established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life to such an extent as to be contrary to the public interests.

(e) In making its determination the political subdivision shall consider whether the area of proposed activity has been zoned under current reasonable zoning ordinances for commercial, industrial, recrea tional, residential or conservation and preservation use.
(f) The governing authority of the political subdivision shall make a determination and approve or disapprove an application for a permit within ten (10) days after conducting a hearing thereon. Approval may be withheld by the political subdivision when in its opinion the proposal would threaten the public safety, health or welfare, would adversely affect the value or enjoyment of the property of abutting property owners, or would be damaging to the conservation of public or private water supplies or of wildlife or estuarine or marine life, such as, but not limited to, shrimp, fish, crabs, oysters, or clams.
(g) Each application shall be accompanied by a certified check or money order in the amount of $50.00 payable to the political sub division to defray the cost of advertising, mailing and incidental costs.

(h) No permit shall be issued unless the proposed change of use of the area shall be completed within two (2) years next after the date of issuance of such permit or approval by the political subdivision. Such time may be extended by the political subdivision for good cause upon showing that all due efforts and diligence toward the completion of the work have been made. The permit may be revoked by the political subdivision for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof, who shall be given an opportunity for a hearing before the political subdivision within thirty (30) days after such notice.
(i) In the event a permit is refused by the political subdivision, any applicant who is aggrieved or adversely affected thereby shall have the right to appeal to the superior court of the county in which a majority of the land lies. Such appeal shall be by petition and shall be filed in the office of the clerk of such court within thirty (30) days after the final order or action of the political subdivision. Such appeal shall be for the purpose of determining whether the action appealed from so restricts the use of the property as to deprive the owner of the reasonable use thereof, or is an unreasonable exercise of the police power, or constitutes a taking without just compensation. The court, upon such a finding, may set aside or amend the action appealed from. The enforcement of the order or action appealed from shall not be stayed unless so ordered and directed by the reviewing court.

(j) An aggrieved party may obtain a review of any final judg ment of the superior court under this Act by the Court of Appeals or the Supreme Court, as provided by law.

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(k) The superior court of the county in which a majority of the land lies shall have jurisdiction to restrain a violation of this Act at the suit of any person.

SECTION 4
Posting of permit.--Every permit issued to an applicant shall be prominently displayed within the area of the proposed activity. If the political subdivision deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant and such other information as the political sub division may require. The type and size shall be specified by the political subdivision.

SECTION 5
Violations; penalties.--Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00, or imprisoned not exceeding six (6) months, or both, in the discretion of the court. Any person convicted of violating the provisions of this Act two or more times shall be fined not less than $200.00 per acre for each acre affected by such violation.

SECTION 6
Exceptions.--The provisions of this Act shall not apply to the following:
(a) Activities of the State Highway Department incident to constructing, repairing and maintaining a public road system in Geor gia;
(b) Agencies of the United States charged by law with the respon sibility of keeping the rivers and harbors of this State open for navigation and agencies of this State charged by now existing law with the responsibility of keeping the rivers and harbors of this State open for navigation, including areas for utilization for spoilage desig nated by such agencies.
(c) Mosquito Control Agencies operated by or under the control of any political subdivision in this State;
(d) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, repairing and maintaining utility lines for the transmission of gas, electricity or telephone messages;

WEDNESDAY, MARCH 5, 1969

1335

(e) Activities of companies which construct, erect, repair and maintain railroad lines and bridges:

(f) Activities of political subdivisions incident to constructing, repairing, and maintaining pipelines for the transport of water and sewage; and

(g) A one family dwelling shall obtain a building permit from the political subdivision only and not be required to apply to the Secretary of State.

SECTION 7
Severability.--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 sections, subsection, 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 unconsti tutional 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 ad judged invalid or unconstitutional.

SECTION 8 Effective date.--This Act shall become effectively July 1, 1970.
SECTION 9 Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment to the Committee substitute, offered by Mr. Harrison of the 66th, was read and 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.

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JOURNAL OP THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Atherton Ballard Barber Bell Berry Blalock Bohannon Bond Bray Brown, B. D. Brown, C. Burruss Busbee Carnes Collins, S. Cook Cooper Crowe Daugherty Davis, E. T. Dixon Egan Evans Ezzard Fallin Farrar Felton Floyd, L. R. Funk Gary

Geisinger Grahl Graves Gunter Hamilton Harrington Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hood Horton Housley Howell Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Kreeger Lambert Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, D. R. McClatchey McDaniell Melton

Those voting in the negative were Messrs.

Adams Barfield Battle Bennett Black Bowen Buck Cato Clarke Cole Conner Davis, W. Dent Dodson Dorminy

Douglas Ellis Floyd, J. H. Gignilliat Hadaway Harris, J. F. Harrison
Hill, G. Holder Johnson Joiner Jones, C. M. Jordan, H. S. Keen Keyton

Merritt Milford Moate Moore Nash Nessmith Nunn Odom Paris Parker, C. A. Patterson Peterson Phillips, L. L. Phillips, W. R. Ross Shepherd Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Townsend Vaughn Westlake Whaley Wheeler, Bobby Wilson Wilkerson Wood
Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Longino Mauldin Maxwell Miles Miller Morris Mullinax Murphy Northcutt Pafford

WEDNESDAY, MARCH 5, 1969

1337

Pinkston Poole Rainey Reaves Rowland

Rush Russell Salem Scarlett Simkins

Simmons Wamble Ware Winkles

Those not voting were Messrs.:

Bostick Brantley, H. H. Brantley, H. L. Brooks Caldwell Gates Chandler Collier Collins, M. Colwell Conger Connell Dailey Dean, J. E.

Dean, N. DeLong Dickinson Edwards Farmer Gaynor Hale Hargrett Henderson Knowles Matthews, C. McCracken Parker, H. W. Peters

Phillips, G. S. Pickard Potts Roach Scarborough Shanahan Sherman Thompson, R. Toles Wheeler, J. A. Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 96, nays 59.

: The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Mr. Harris of the 67th 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 212, by substitute.

The following Resolution of the House was read and adopted:

HR 267. By Messrs. Ross of the 26th, Lowrey and Graves of the 9th, Carnes of the 104th, Lane of the 101st and many, many others:
A RESOLUTION
Wishing the Honorable Tom Shanahan a speedy recovery from his allergy; and for other purposes.
WHEREAS, the Honorable Tom Shanahan, Representative from the 8th District, has been sorely missed these last few days; and
WHEREAS, word has reached the members of this Body that he has been smitten with an allergy that has left him with red spots from his head to his toes; and

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WHEREAS, it is sincerely hoped that modern medicine will quickly remove the aforementioned red spots, in order that the Honorable Tom Shanahan will be able to once again grace the members of this Body with his distinguished and most welcome presence.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby wishes the Honorable Tom Shanahan a speedy recovery from his allergy.

BE IT FURTHER RESOLVED that the Clerk of the House transmit a copy of this Resolution to the Honorable Tom Shanahan, Representative, 8th District, Calhoun, Georgia.

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, towit:

HB 30. By Mr. Levitas of the 77th:
A Bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; 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 51. By Mr. Paris of the 14th:
A Bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Holloway of the 12th, Garrard of the 37th and Rowan of the 8th.

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:

WEDNESDAY, MARCH 5, 1969

1339

HB 30. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.

Mr. Levitas of the 77th moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:

Messrs. Levitas of the 77th, Harris of the 77th and Busbee of the 61st.

Mr. Busbee of the 61st 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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Eepresentative Hall, Atlanta, Georgia Thursday, March 6, 1969

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker Pro Tern.

The following prayer was offered by Rev. Charles 0. Walker, Pastor, First Baptist Church, Jasper, Georgia:
"Our Father;
"We pause as the beginning of another day of work, to offer our thanks for the measure of health and wisdom Thou hast given us to face the problems before us. May we use wisely the opportunities entrusted to our keeping. Preserve our lives from fear of the enemy. Hide us from the secret counsel of the wicked. Protect us from the insurrection of the workers of iniquity. Show us the right way and then give us the courage to walk therein.
"In the name of Jesus our Lord we pray:
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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.

THURSDAY, MARCH 6, 1969

1341

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 6, 1969, and submits the following:

HB

61. Harmful Materials, Sale and Delivery.

HB 109. District Attorney, Expense Allowance PP.

HB 117. Group Insurance, Death Benefits of Dependents.

HB 132. Insurance, Accident and Sickness, Cancelled.

HB 142. General Appropriations Bill, Consideration by House.

HB 226. Control Rabies, County Board of Health.

HB 271. Education, Pupils Attendance.

HB 432. Municipalities, Zone Property.

HB 488. Sale of Fireworks--PP.

HB 534. Board of Nursing Homes, Membership.

HB 559. Voting Rights Act, Elections.

HB 562. Primaries and Elections, Returns.

HB 563. Conduct of Primaries and Elections.

HB 567. County Surveyor, Filling of Vacancies.

HR 204-586. Nonprofit Corporations, Exempt from Ad Valorem Tax.

HB 605. Georgia Post Mortem Examination Act, Jurors.

HB 611. Georgia Agricultural Commodities Promotion Act.

HB 613. Chattahoochee Judicial Circuit, Additional Judge.

HB 627. Executor of Estate, Dies Intestate.

HB 643. Shotguns and Rifles, Purchase of.

HR 227-644. Convey Property, Fulton County.

HB 651. Hospital Authorities, Employment Benefits.

HR 231-656. Classify Property, Taxation Purposes.

HB 694. Urban Redevelopment Law, Certain Counties.

HB 761. Race Track or Facility, Safety Regulations.

HB 784. Speed Facility, Safety Regulations.

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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 61st, 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 798. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, so as to provide that in all counties with populations of not less than 18,050 and not more than 18,300, any county official, officer or employee, who deposits county funds with any bank or trust company shall only deposit and funds in an account which is in the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 799. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th, Ellis of the 91st and Gignilliat of the 89th:
A Bill to be entitled an Act to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 801. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, MARCH 6, 1969

1343

HB 802. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.
Referred to the Committee on Local Affairs.

HR 264-802. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st, Jones of the 59th, Lambert of the 25th, Murphy of the 19th and others:
A Resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other pur poses.
Referred to the Committee on State of Republic.
HB 803. By Messrs. Smith of the 43rd and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the pro visions relating to the participation by the State government and local governments in the cost of the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Ways and Means.

HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.
Referred to the Committee on Temperance.
Mr. Egan of the 116th moved that HB 804 be engrossed.

The motion prevailed, and HB 804 was ordered engrossed.

HB 805. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HE 265-805. By Mr. Johnson of the 29th:
A Resolution creating the Joint Mechanics' and Materialmen's Liens Study Committee; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Pelton and Horton of the 95th, Longino of the 98th and Adams of the 100th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Pulton County, relating to the duties of the Local Advisory Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 807. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Section 9-201, 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, so as to change certain qualifications under said Section; and for other purposes.
Referred to the Committee on Judiciary.

HB 808. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 809. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HR 266-809. By Messrs. Shanahan of the 8th and Ross of the 26th:
A Resolution declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property; and for other purposes.
Referred to the Committee on State Institutions & Property.

THURSDAY, MARCH 6, 1969

1345

HB 810. By Messrs. Pinkston, Knapp, Keen and Evans of the 81st, Miller of the 83rd, and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, so as to provide that the commission ers of Bibb County shall fix their own compensation; and for other purposes.
Referred to the Committee on Local Affairs.

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 812. By Messrs. Melton of the 32nd, Peterson of the 41st, and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or rooms, lodgings or accommodations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.
Referred to the Committee on Ways and Means.

HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertainment or other like places, where an admission fee is charged; and for other purposes.
Referred to the Committee on Ways and Means.

HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
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 population requirements in Section 31 (a); and for other purposes.
Referred to the Committee on Ways and Means.

HB 815. By Messrs. Sims of the 106th and Chandler of the 34th:
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 permit

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JOURNAL OF THE HOUSE,

convicts to do contract work for private industry; and for other pur poses.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 762. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act 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 system of compensation, so as to change the compensation of the sheriff the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.

HB 763. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to amend an Act providing for the election and salary of the treasurer of Henry County, so as to change the salary of the treasurer of Henry County; and for other purposes.
HB 764. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Henry County, so as to change the compensation of the members of the board of county commissioners; to provide for a travel expense allowance for each member of the board of county commissioners; and for other purposes.
HB 765. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to change the terms of the superior court of Henry County; and for other purposes.
HB 766. By Messrs. Brown of the 32nd and Lane of the 101st: A Bill to be entitled an Act to provide a procedure for reconsideration of a bill which has been passed by the House of Representatives and the Senate, but has not been transmitted to the Governor; and for other purposes.
HB 767. By Mr. Rowland of the 42nd: A Bill to be entitled an Act to amend Code Section 53-107, relating to restraints of marriage, so as to provide for the validity of antenuptial agreements; and for other purposes.

THURSDAY, MARCH 6, 1969

1347

HB 768. By Messrs. Scarlett and Harris of the 67th:
A Bill to be entitled an Act to amend the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "county"; and for other purposes.

HB 769. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to abolish the death penalty in the State of Georgia; to provide an effective date; and for other purposes.

HB 770. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, so as to provide that the city manager shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; and for other purposes.

HB 771. By Mr. Jordan of the 55th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the county of Coffee, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; and for other purposes.
HB 772. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, as amended, so as to provide that the City of Alma shall not be affected by the provisions of Code Sections 92-4101 through 92-4104; and for other purposes.
HB 773. By Messrs. Gignilliat of the 89th and Gaynor of the 88th: A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
HB 774. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Alma, so as to remove certain provisions in the title of said Act relating to limitations on taxation; to provide for the levy and collection of taxes; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 775. By Messrs. Gignilliat of the 89th and Gaynor of the 88th:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

HB 776. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to authorize the governing authority of Mc lntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commissioner; and for other purposes.
HB 777. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Mclntosh County, so as to change the compensation of the commissioners; and for other purposes.
HB 778. By Mr. Jones of the 59th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Mclntosh County, known as the fee system; to provide in lieu thereof an annual salary, to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.
HB 779. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four Councilmen ; and for other purposes.
HB 780. By Messrs. Davis, Floyd, Westlake and Higginbotham of the 75th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, Dean of the 76th, and Jordan of the 74th:
A Bill to be entitled an Act to require the boards of education in certain counties of this State to publish a summary of all receipts and ex penditures of said boards on a quarterly basis; to provide the procedure connected with the foregoing; and for other purposes.

HB 781. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
A Bill to be entitled an Act to create the Lake Lanier Islands Develop ment Commission as a commission and agency of the State Govern ment; and for other purposes.

THURSDAY, MARCH 6, 1969

1349

HB 782. By Messrs. Williams, Cooper and Wood of the llth and Barber of the 15th:
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 "project" and "cost of project"; and for other purposes.

HB 783. By Messrs. Westlake of the 75th and Farmer of the 16th: A Bill to be entitled an Act to amend Code Chapter 47-10, relating to lobbying, so as to provide that the Secretary of State shall issue identifi cation badges to such persons; and for other purposes.
HB 785. By Mr. Matthews of the 63rd: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the ex penditure of certain funds for school lunch purposes; and for other purposes.
HR 258-785. By Mr. Black of the 45th: A Resolution creating the Chattahoochee Judicial Circuit Study Com mittee; and for other purposes.
HB 786. By Mrs. Hamilton of the 112th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to vacancies occurring in the Board of Aldermen and the Board of Education; and for other purposes.
HB 788. By Messrs. Cato and Conger of the 68th: A Bill to be entitled an Act creating and establishing a Small Claims Court for Seminole County, Georgia; to provide for an effective date; to provide for a referendum; and for other purposes.
HR 259-788. By Messrs. Mason and Nash of the 13th: A Resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.
HB 789. By Messrs. Lane of the 101st, Horton, Hawes, Gates and Felton of the 95th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to provide for the qualifications of residence of Councilmen; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 790. By Messrs. Dodson of the 82nd, Evans, Knapp, Keen, Scarborough and Pinkston of the 81st, Grahl of the 40th:
A Bill to be entitled an Act to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; and for other purposes.

HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd, Conger of the 68th, Murphy of the 19th, Paris of the 14th and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act authorizing the judg ment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a
court of this State; and for other purposes.

HB 792. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.

HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Albany, so as to change and extend the corporate limits of said City and the wards therein; and for other purposes.

HB 794. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Bleckley County, so as to increase the compensation of the commissioner; to provide for a clerk; and for other purposes.

HB 795. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.

THURSDAY, MARCH 6, 1969

1351

HB 796. By Mr. Cato of the 68th:
A Bill to be entitled an Act to amend Code Section 27-2201, relating to the order of argument by counsel in criminal cases, so as to provide that counsel for the defense shall open and conclude the argument to the jury; and for other purposes.

HR 260-796. By Mr. Shanahan of the 8th: A Resolution compensating Mrs. Doris Cagle; and for other purposes.

HR 261-796. By Mr. Barber of the 15th: A Resolution compensating Mrs. Webb Williams; and for other purposes.
HR 262-796. By Mr. Barber of the 15th: A Resolution compensating Mrs. Maebell Wood; and for other purposes.
HR 263-796. By Messrs. Barber of the 15th and Paris of the 14th: A Resolution indemnifying Mrs. Imogene Hoard; and for other purposes.

HB 797. By Messrs. Rush and Salem of the 51st, Black of the 45th, Hudson of the 48th, Hargrett of the 58th, Blalock of the 30th, Chandler of the 34th, Rowland of the 42nd and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to State Board of Corrections and to prisons, public works camps, etc., so as to provide that it shall be unlawful for any person to come inside guard lines at penitentiaries in Georgia with amphetamines, biphetamines, inhalers or any other hallucinating or intoxicating sub stances; and for other purposes.

SR 67. By Senators Starr of the 44th and Coggin of the 35th:
A Resolution requesting the Civil Aeronautics Board to award certifica tion to operate air service between Atlanta, Georgia, and Hawaii, and beyond Hawaii; and for other purposes.

SR 72. By Senators Coggin of the 35th, Stephens of the 36th, Smith of the 34th, and others:
A Resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes.

1352

JOURNAL OF THE HOUSE,

SR 73. By Senators Stephens of the 36th, Smith of the 34th, Coggin of the 35th, and others:
A Resolution proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county in an amount not to exceed $5.00; and for other purposes.

SB 1. By Senators Rowan of the 8th, Adams of the 26th, and Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to revise comprehensively the laws relating to hospitalization and release of mentally ill persons; and for other purposes.

SB 55. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton Coun ty ... ", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.

SB 193. By Senators Coggin of the 35th and Smith of the 18th:
A Bill to be entitled an Act to amend an Act which made comprehensive provisions for an integrated tax administration for Georgia, so as to remove the limitation on the number of motor vehicles which may be purchased; and for other purposes.

SB 213. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners of Baldwin County, so as to change the com pensation which may be paid to said county commissioners; and for other purposes.

Mr. Murphy of the 19th, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 155. Do Pass. SB 157. Do Pass.

THURSDAY, MARCH 6, 1969

1353

SB 182. Do Pass. SB 184. Do Pass. SB 190. Do Pass. SB 198. Do Pass as Amended.

Respectfully submitted, Murphy of the 19th, Chairman.

Mr. Barber of the 15th, Chairmain of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 194. Do Pass. HB 461. Do Pass. HB 92. Do Pass. HB 141. Do Pass by Substitute. HB 734. Do Pass. HB 735. Do Pass.
Respectfully submitted, Barber of the 15th, Chairman.

Mr. Smith of the 3rd, 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 437. Do Pass. HB 655. Do Pass.

1354

JOURNAL OF THE HOUSE,

HB 255. Do Pass Committee Substitute. HB 354. Do Not Pass.

Respectfully submitted, Smith of the 3rd,

Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 705. Do Pass by Substitute. HB 723. Do Pass. HB 724. Do Pass. HB 725. Do Pass. HB 726. Do Pass. HB 727. Do Pass. HB 728. Do Pass. HB 729. Do Pass. HB 730. Do Pass. HB 731. Do Pass. HB 739. Do Pass. HB 740. Do Pass. HB 741. Do Pass. HB 742. Do Pass. HB 743. Do Pass. HB 749. Do Pass. HB 750. Do Pass. HB 751. Do Pass. HB 753. Do Pass. HB 754. Do Pass. HB 755. Do Pass.

THURSDAY, MARCH 6, 1969

1355

HB 757. Do Pass. HB 758. Do Pass. HB 760. Do Pass. HB 762. Do Pass. HB 763. Do Pass. HB 764. Do Pass. HB 770. Do Pass. HB 771. Do Pass. HB 776. Do Pass. HB 777. Do Pass. HB 778. Do Pass. HB 779. Do Pass. HB 788. Do Pass. HB 790. Do Pass. HB 792. Do Pass. HB 793. Do Pass. HB 794. Do Pass. HB 795. Do Pass. HB 205. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 603. Do Pass. HB 693. Do Not Pass.

1356

JOURNAL OF THE HOUSE,

HB 579. Do Pass. HB 578. Do Not Pass. HB 746. Do Pass.

Respectfully submitted, Williams of the llth, Chairman.

Mr. McClatchey of the 113th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolution of the House and Senate, and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HB 791. Do Pass by Substitute.

HB 540. Do Pass by Substitute.

HB 479. Do Pass as Amended.

HR 259-788. Do Pass.

SB 164. Do Pass.

SB 136. Do Pass as Amended.

SB 114. Do Pass by Substitute.

SB

9. Do Pass by Substitute.

Respectfully submitted, McClatchey of the 113th, Chairman.

Mr. Chandler of the 34th, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under considera-

THURSDAY, MARCH 6, 1969

1357

tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 226-630. Do Piss.

Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State oi Republic has had under consideration the fol lowing Bills and Resolution of tie House and has instructed me as Chairman, to report the same back to the Hcuse with the following recommendations:
HB 568. Do Not Pass. HB 684. Do Pass. HB 565. Do Pass. HB 184. Do Pass by Substitute. HR 251-705. Do Pass.
Respectfully submitted, MeCracken of the 36th, Chairman.

Mr. Harrington of the 34th, Chairman of the Comnjttee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 107. Do Pass by Substitute. HB 95. Do Pass.
Respectfully submitted, Harrington of the 34th, Chairman.

1358

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 205. By Messrs. Conner of the 56th, Harris and Scarlett of the 67th, Harrison of the 66th and Hargrett of the 58th:
A Bill to be entitled an Act to provide for a secretary for each judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 1^0, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

ps 705. By Messrs. Pinkston, Evans, Keen, Scarborough and Knapp of the 81st, Miller of the 83rd and godson of the 82nd:
A Bill to be entitled an Act to provide for a Board of Election in Bibb County, Georgia; and for o*er purposes.

The following Committee substitute was read and adopted:
A BILL
To be enticed an Act to provide for a Board of Elections in Bibb County, Georgia; to provide for the powers and duties of such Board; to provide .tor its membership and qualifications for membership; to provide fcf an Elections Supervisor, Clerical Assistants and other em ployees; to provide for the transfer of duties, powers and functions of the Ordinary of Bibb County with respect to the holding of elections to the Board of Elections; to transfer the duties of the Chief Registrar and Registrars of Bibb County to the Board of Elections; to provide for the transfer to said Board of all similar duties of officials and agencies of the City of Macon having to do with registration of voters and the conduct of primaries and elections; and for other purposes.
WHEREAS, by Resolution of the General Assembly of Georgia, approved March 25, 1968, and appearing in Georgia Laws 1958, page 497, et seq., the General Assembly proposed a Constitutional Amend ment which was later ratified by the people; and
WHEREAS, under the provisions of said Constitutional Amend ment, the General Assembly of Georgia is empowered to create new

THURSDAY, MARCH 6, 1969

1359

and different governmental agencies in Bibb County and to transfer thereto the several powers and authorities vested in existing Courts and governmental agencies;

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by authority of the same as follows:

SECTION 1
There is hereby created a governmental agency which shall be known as the Macon-Bibb County Board of Elections which shall have jurisdiction over the registration of voters and the conduct of primaries and elections for the County of Bibb and the City of Macon in ac cordance with this Act.

SECTION 2
Such Board shall be composed of five members, each of whom shall be an elector and a resident of the County and who shall be appointed in the following manner:
A. Two members shall be chosen by the County Executive Committee of the political party which at the last preceding regular general election held for the election of all members of the General Assembly elected the largest number of members of the General Assembly. Such members so chosen shall be certified by the Chairman of the County Executive Committee of such political party to the governing authority of Bibb County, and such appointment shall be entered upon the minutes of the governing authority. One member chosen by the said County Executive Committee shall be a resident of the City of Macon, Georgia at the time of his selection and at the time of his appointment by the governing authority of Bibb County.
B. Two members shall be appointed in like fashion by the County Executive Committee of the political party which, at such election, elected the next largest number of members of the General Assembly. Such appointees shall be certified by the Chairman of the County Executive Committee of that political party to the governing authority of said County and such certification shall be entered upon the minutes of the governing authority. One member chosen by the said County Executive Committee shall be a resident of the City of Macon, Georgia at the time of his selection and at the time of his appointment by the governing authority of Bibb County.
C. The fifth member of the Board shall be appointed by the govern ing authority of the City of Macon and Bibb County from a list of one or more nominees submitted by a majority of the other four members of the Board. The fifth member so selected shall be deemed to be a member at large. In the event a majority of the four members of the Board is unable to nominate one or more persons to the governing au-

1360

JOURNAL OF THE HOUSE,

thority of the City of Macon and Bibb County within the time herein after specified for appointments, then, and in such event, the governing authority of said City and County shall be authorized to make the appointment. Any appointment made under the provisions of this para graph shall also be entered upon the minutes of the governing au thorities.

SECTION 3
No person who holds elective public office shall be eligible to serve as a member of any such Board of Elections during the term of such elective office and the position of any member of the Board shall be deemed vacant upon such member qualifying as a candidate for elective public office.

SECTION 4
Initial appointments hereunder shall be made by the respective appointing authorities no later than sixty (60) days after this Act shall become effective. In the event ol a vacancy on the Board with respect to a member appointed by one of the political parties as hereinabove provided, such political party shall appoint a successor within sixty (60) days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his unexpired term. In the event such political party fails to make an initial appointment hereunder within sixty (60) days after this Act shall become effective or within sixty (60) days after a vacancy occurs then and in such event, the position shall be filled by the governing body of Bibb County. In the event of a vacancy on the Board with respect to the member at large, the remaining members of the Board shall submit the names of one or more nominees to fill the unexpired term, such nomination to be made within sixty (60) days after the vacancy occurs. The governing authority of the City of Macon and Bibb County shall select and appoint the successor member at large from the nominee or nominees whose names are submitted by a majority of the remaining members of the Board. In the event of the failure of the Board to submit the names of such nominee or nominees within sixty (60) days after the vacancy occurs, then and in such event, the gov erning authorities of the City and County may fill the vacancy on their own motion.

SECTION 5
Initial appointees hereunder shall take office upon appointment and shall serve until March 31, 1971 and until a successor is appointed and qualified. The successors of the initial appointees shall serve for two (2) year terms beginning on April 1 in odd numbered years and shall continue in office for such terms and until their successors are chosen and qualified. Each member shall be eligible to succeed himself, shall have the right to resign at any time by giving notice to the body

THURSDAY. MARCH 6, 1969

1361

which appointed him, and to the governing authorities of the City of Macon and Bibb County, if the City and County were not the appointing authorities. Each member shall be subject to removal from the Board at any time in the same manner and by the same authority provided for removal of Registrars under the provisions of Georgia Laws, 1964, page 26, et. seq. informally codified as Section 34-603 Georgia Code Annotated. Upon removal of a member as provided by law, a vacancy shall be deemed to exist and shall be filled for the unexpired term as hereinabove provided.

SECTION 6
Before entering upon his duties, each member of the Board shall take substantially the same oath of office as is presently required by law for Registrars and shall have the same privilege from arrest as provided in Georgia Laws, 1964, Extra Session, page 26, et seq., informally codified as Sections 34-606 and 34-607, Georgia Code Annotated.

SECTION 7
The Board shall be responsible for the selection, appointment, training and removal of poll workers, and such workers shall be appointed insofar as practicable from lists provided the Board by the County Executive Committee of each political party.

SECTION 8
The Board of Elections shall have the following powers and duties:
A. It shall succeed to and exercise all of the duties granted to and incumbent upon the Ordinary of Bibb County under the provisions of Title 34 of the Georgia Code of 1933, as now or hereafter amended and particularly by an Act entitled "The Georgia Election Code" ap proved June 24, 1964 (Georgia Laws Extra Session 1964, page 26) of whatever kind and character and any other provision of law with respect thereto.
B. It shall succeed to and exercise all of the duties and powers granted to and incumbent on the Chief Registrar and the County Registrars of Bibb County under the provisions of the foregoing Act, and any other provision of law with respect to their duties and powers.
C. It shall succeed to and have all of the powers and duties granted to and incumbent upon the Ordinary under the provisions of law with respect to primaries.
D. It shall succeed and have all of the powers and duties granted to and incumbent on the Mayor of the City of Macon, the Mayor and Council of the City of Macon, the City Registrar, and all other officers,

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JOURNAL OP THE HOUSE,

employees and agencies with respect to the registration of voters and the conduct of all City primaries and elections tinder the provisions of the Charter of the City of Macon, as amended, as well as those powers, duties and functions, relating to the registration of voters and the con duct of primaries and elections now vested in municipal officers and agencies under the provisions of the Georgia Municipal Election Code
(Georgia Laws 1968, page 885, et seq.).

E. The Board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt by-laws, specify the functions and duties of its employees, and other wise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with State Law.

SECTION 9
To accomplish the foregoing, the Board of Elections shall formulate, adopt and promulgate rules and regulations consistent with law and the rules and regulations of the State Executive Committee of each political party governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the County Executive Committee for each political party and poll workers shall be properly trained and voters adequately informed and instructed. Nothing in this Act shall be construed to require joint primaries or to require the governing authority of Bibb County or any other public agency to bear any expense conducting primaries not other wise required or permitted by law.

SECTION 10
Upon the effective date of this Act, the Board shall organize, and the Ordinary and the Chief Registrar and County Registrars together with appropriate officials of the City of Macon shall be relieved of all powers and duties to which the Board succeeds by virtue of the pro visions of this Act and they shall deliver to the Board upon request of its Chairman custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties.
SECTION 11
The governing authority of Bibb County, upon the recommendation of the Board of Elections, shall appoint a person whose title shall be "Elections Supervisor" who shall be the chief administrative officer of the Board and who shall have such duties and functions as may be prescribed by the Board.

THURSDAY, MARCH 6, 1969

1363

SECTION 12

Compensation for members of the Board of Elections, Elections Supervisor, clerical assistants, and other employees of the Board shall be such as may be fixed from time to time by the governing authority of Bibb County.

SECTION 13
The governing authority of the County shall provide the Board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. The Elections Supervisor, and other employees functioning under his supervision shall be deemed to be employees of Bibb County.

SECTION 14
Annually, or at other convenient intervals as may be determined by the Board of Elections, the Board of Elections shall determine the actual cost of its operations, including the payment of employees, the purchase of supplies, the holding of primaries and elections, the reason able value of goods, services, or office space furnished in kind, and shall certify the total cost as so determined to the governing authority of the City of Macon and the County of Bibb. Such certification shall include such reasonable intemizations as will enable the respective governing authorities to review and examine the certification of costs. Upon receipt of such certification so made by the Board of Elections, the City of Macon shall pay to Bibb County 50% thereof as reimbursement to the County for the City's share of the operations of the Board of Elections.

SECTION 15
Notwithstanding any provisions of paragraph 14, the City of Macon shall pay all actual costs of holding any given primary or election con ducted solely for the City of Macon and, likewise, the County of Bibb shall pay all actual costs of holding any given primary or election conducted solely for Bibb County. Nothing in this paragraph shall be construed to require the governing authority of the City of Macon or the governing authority of Bibb County or any other public agency to bear any expense of conducting primaries not otherwise required or permitted by law.

SECTION 16 All laws and parts thereof in conflict herewith are hereby repealed.

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JOURNAL OF THE HOUSE,

SECTION 17

This Act shall have no force or effect until the same shall have been ratified and approved by a majority of those qualified voters voting in the election hereinafter provided residing within the corporate limits of the City of Macon and by a majority of those qualified voters voting in such election residing in the limits of Bibb County but outside the corporate limits of the City of Macon.

SECTION 18
Upon the approval of this Act by the Governor, the Ordinary of Bibb County shall thereafter call and provide for the holding of an election by the qualified voters of Bibb County to be held not later than the third Wednesday in September, 1969, which shall be conducted and concluded in the same manner prescribed by law for elections for members of the General Assembly, except that the managers of such elections shall provide for separate voting and separate sets of election papers to the end that each of the two groups, viz: those qualified voters residing within the corporate limits of the City of Macon and those qualified voters residing within the corporate limits of Bibb County but outside the corporate limits of the City of Macon shall vote separately and such votes shall be tabulated by such groupings; and except that the returns of such elections shall be made to said Ordinary and he shall canvass the returns, consolidate the votes and declare the results. The ballot submitting the question of ratification of this Act shall have written or printed thereon the following:
"For ratification of act establishing Elections Board."
"Against ratification of act establishing Elections Board."
All persons desiring to vote in favor of ratification of this Act shall vote for such ratification and all persons desiring to vote against ratification shall vote against such ratification. If a majority of such voters voting in such election residing within the corporate limits of Macon and a majority of such voters voting in such election residing within Bibb County but outside the corporate limits of the City of Macon separately shall vote for ratification, said Ordinary shall by writing so declare and immediately thereupon this Act shall stand ratified and shall thereafter be of full force and effect.

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.

THURSDAY, MARCH 6, 1969

1365

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 667. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act changing the method of compensating the Clerk of the Superior Court of Telfair County, from the fee and salary systems to the salary system; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 667 as follows:
By striking from Section 2, the following:
seventy-two hundred ($7,200.00)"
and
'"six hundred ($600.00)",
and inserting in lieu thereof the following:
"eighty-four hundred ($8,400.00)"
and
"seven hundred ($700.00)",
respectively, so that when so amended Section 2 shall read as follows:
"Section 2. The salary of such Clerk of the Superior Court of Telfair County shall be eighty-four hundred ($8,400.00) dollars per year, payable in monthly payments of seven hundred ($700.00) dollars at the end of each calendar month by the Telfair County Commissioner, or other fiscal authority of Telfair County, out of the general funds of Telfair 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1366

JOURNAL OP THE HOUSE,

HB 670. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to change the method of compensating the ordinary of Telfair County, Georgia, from the fee and salary systems to the salary system; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 670 as follows: By striking from Section 2, the following: "seventy-two hundred ($7,200.00)"
and
"six hundred ($600.00)",
and inserting in lieu thereof the following:
"eighty-four hundred ($8,400.00)"
and
"seven hundred ($700.00)",
respectively, so that when so amended Section 2 shall read as follows:
"Section 2. The salary of such Ordinary shall be eighty-four hundred ($8,400.00) dollars per year, payable in monthly payments of seven hundred ($700.00) dollars at the end of each calendar month by the Commissioner of Telfair County, or other County fiscal authority, out of the general funds of Telfair 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, MARCH 6, 1969

1367

SB 63. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act incorporating Union City, approved August 17, 1908, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 518. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to change the terms of the Superior Court of Oglethorpe County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 523. By Mr. Lambert of the 25th: A Bill to be entitled an Act to create and establish an Airport Authority for the City of Madison; and for other purposes.
The report 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.

1368

JOURNAL OF THE HOUSE,

HB 595. By Lewis of the 37th:
A Bill to be entitled an Act to authorize and direct the governing authorities of Burke County to pay to the Senior Judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; and for other purposes.

The report 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 686. By Mr. Harrison of the 66th: A Bill to be entitled an Act to provide for and authorize the governing authorities of counties having a population between 9,750 and 10,000 according to the U. S. Census of 1960 or any subsequent U.S. Census to pass and adopt zoning and planning laws whereby such counties may be zoned or districted for various uses and other or different uses pro hibited therein, and regulating the plans for development and improve ments on real estate therein; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 701. By Messrs. Roach and Poole of the 10th: A Bill to be entitled an Act to amend an Act incorporating the City of Canton, approved Aug. 1, 1922, as amended, so as to change the provisions relating to the election of councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

THURSDAY, MARCH 6, 1969

1369

The Bill, having received the requisite constitutional majority, was passed.

HB 723. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of treasurer of Laurens County, approved Aug. 11, 1923, as amended, so as to change the compensation of the treasurer; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 724. By Messrs. Douglas and Rowland of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, approved Mar. 31, 1937, as amended, so as to change the compensation of the mayor and aldermen; to provide an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 725. By Messrs. Douglas and Rowland of the 42nd: A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, approved Feb. 13, 1952, as amended, so as to change the compensation of the Clerk of the Superior Court; to provide an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1370

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 726. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Laurens County upon an annual salary, approved, Feb. 12, 1960, so as to change the compensation of the Sheriff; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 727. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of Tax Commissioner of Laurens County, approved Feb. 12, 1952, as amended, so as to change the compensation of the Tax Commissioner; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 728. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act providing a supplemental salary to the ordinary of Laurens County, approved February 28, 1956, so as to provide an increase of the supplemental salary of the ordinary; to provide an effective date; and for other purposes.

THURSDAY, MARCH 6, 1969

1371

The report 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 729. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the salary of the tax commissioner; to change the salary of one of his clerks; and for other purposes.

The report 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 730. By Messrs. Parker, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Screven County be placed on a salary basis, so as to change the compensation of said Ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 731. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Clayton County Civil Service System Act", so as to change the compensation of the members of the Board; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 737. By Messrs. Whaley of the 93rd, Jones of the 87th, Ellis of the 91st, Battle of the 90th, Gignilliat of the 89th, Funk of the 92nd and Hill of the 94th:
A Bill to be entitled an Act to amend an Act creating a charter for the municipality of Garden City, as amended, so as to extend the corporate limits thereof; and for other purposes.

The following amendment was read and adopted: Mr. Whaley of the 93rd moves to amend HB 737 as follows: By striking from Section 1 the following: "Plat Record Book............. Folio.----, and",
and inserting in lieu thereof the following: "Plat Record Book T, Folio 62, and".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 737, as amended, was ordered immediately transmitted to the Senate.

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1373

HB 739. By Mrs. Merritt and Mr. Parker of the 46th:
A Bill to be entitled an Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, as amended, to change the name of said court to the State Court of Macon County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 740. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Oxford, as amended, so as to change the compensation of the Mayor and Councilmen; to provide for the election of the Mayor and Councilmen; to provide for posts for Councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 741. By Mr. Ballard of the 23rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Mansfield, etc., approved Aug. 21, 1906, so as to provide council posts; to provide that certain persons shall not be employed; to provide an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 742. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Newborn, approved Aug. 16, 1913, as amended, so as to provide for the election of the Mayor and Councilmen; to provide for the terms of office of said 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 743. By Mr. Ballard of the 23rd:
A Bill to be entitled an Act to provide for the election of the mayor and councilmen of the municipality of Porterdale; to provide for their terms of office; to provide for staggered terms of office; to provide for an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 749. By Messrs. Kreeger, Atherton, Housley, Henderson, Wilson, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved Aug. 27, 1931, and the several amendatory acts thereof, as amended, in order to add a new section to said charter to be known as Section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; and for other purposes.

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1375

The report 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 750. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to change the election date for the members of the Stewart County Board of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 751. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Richland in the County of Stewart, approved Aug. 16, 1922, as amended, so as to change the corporate limits of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 753. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary, approved Mar. 24, 1965, so as to change the compensation of the said sheriff; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 754. By Mr. Ross of the 26th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), approved Feb. 25, 1949, as amended, so as to change the compensation of the chairman of said Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 755. By Mr. Ross of the 26th: A Bill to be entitled an Act to amend an Act providing compensation for the treasurer of Lincoln County, approved Aug. 19, 1916, as amend ed, so as to change the compensation of said treasurer; to provide a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 757. By Messrs. Jones and Buck of the 84th, Davis and Thompson of the 86th, Thompson and Berry of the 85th: A Bill to be entitled an Act to amend the charter of the City of Colum bus in the County of Muscogee; and for other purposes.

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1377

The report 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 758. By Mr. Collier of the 54th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved Feb. 28, 1966, so as to authorize the governing authority of Lee County to purchase, maintain and replace, for the use of the office of sheriff, certain equipment and supplies, including one or more automobiles; and for other purposes.

The report 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 760. By Messrs. Dodson of the 82nd, Keen, Knapp, Scarborough, Pinkstort and Evans of the 81st:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County (formerly the City Court of Macon), approved Aug. 14, 1885, as amended, so as to change the bond of the Clerk of said Court; to change the method of collection, payment and distribu tion of fees, costs, fines and forfeitures in 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.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 200-575. By Messrs. Chandler and Harrington of the 34th: A Resolution transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes.
HR 201-575. By Messrs. Chaldler and Harrington of the 34th: A Resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 156. By Messrs. Horton and Hawes of the 95th, Nunn of the 41st, Brown of the 110th and others: A Bill to amend an Act providing for compulsory school attendance, so as to require children to enroll and attend a public or private school; and for other purposes.
HB 458. By Messrs. Collins and Geisinger of the 72nd, Brantley of the 114th, and others: A Bill to amend an Act revising and recodifying the laws relating to crimes, so as to define the offense of hijacking an aircraft; and for other purposes.
HB 552. By Messrs. Snow, Hale and Crowe of the 1st: A Bill to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court, and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

THURSDAY, MARCH 6, 1969

1379

SB 214. By Senator Coggin of the 35th:
A Bill to amend Section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign insurer; to repeal conflicting1 laws; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 167. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the provisions relating to the comptroller; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Insurance:

SB 214. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent in surers, so as to change the circumstances under which a broker may insure with a foreign insurer; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 552. By Messrs. Snow, Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

The following Senate amendment was read: Senator Abney of the 53rd moves to amend House Bill 552 as follows: By striking from the title and Section 1 the following: "and an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604)", and substituting in lieu thereof the following:

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"an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2720), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2963),".

By inserting in the second sentence of quoted Section 3, which Section is quoted in Section 1 of said bill, between the words "annum" and "and" the following:

"and an expense allowance of $600.00 per annum,".

By striking from Section 2 the symbol and figure "$400.00" and substituting in lieu thereof "$1200.00".

By striking from Section 3 the symbol and figure "$400.00" and substituting in lieu thereof "$1200.00".

Mr. Snow of the 1st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed, and the Senate amendment to HB 552 was agreed to.
Mr. Caldwell of the 39th asked unanimous consent that the following Bill of the House be taken up for the purpose of reconsidering the Senate amendment which the House agreed to on the previous legislative day:

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requir ing the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.

The consent was granted, and the Senate amendment to HB 288 was recon sidered.
The following Senate amendment was read: Senator Smalley of the 28th moves to amend HB 288 as follows:
By inserting in the title of the bill after the phrase "to provide that the procedure contained in this Act shall be the exclusive method

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1381

for the perfection of liens on vehicles"; and before the phrase "to pro vide an effective date"; the phrase "to provide for offenses relating to title certificates;"; by striking in its entirety Section 4 of the bill and substituting in lieu thereof the following:

"Section 4. Said Act is further amended by striking sub section (c) of Section 21 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) (1) If the holder of any lien as defined in Section 2(k) hereof (excepting the holder of a mechanic's lien, perfection for which is prescribed in Section 23 hereof), desires to perfect such lien against a vehicle the lienholder shall, on the form prescribed by the Commissioner, execute under oath a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed, and the lienholder shall forward such notice and title application, together with the $1.00 fee either per sonally or by registered mail return receipt requested, to the person who has custody of the current certificate of title at the address shown on said certificate of title. If someone other than the owner is holding the certificate of title a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the regis tered mail receipt as proof of compliance with this Section.

"After receipt of the notice of lien as specified in this Section neither the owner nor any other person shall take any action af fecting the title other than as provided in this Section. After receipt of the notice of lien the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten (10) days. If during the ten (10) day period following receipt of the notice the claimed lien is satisfied the lien claimant shall on the form prescribed by the Commissioner notify the owner and person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien they shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given or if ten (10) days have elapsed without the lien being satisfied then the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the Commissioner in order that the Commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner and the person who has custody of the current certificate of title shall comply with the instructions contained in the notice and in the event he cannot do so he shall notify the lien claimant. The Commissioner, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on his records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this Act. The lien shall be perfected at the time the lien notice, application for title, fee and current certificate of title are received by the Commissioner. In the event that the person who has custody of the current certificate of title fails, refuses or neglects to forward the title application,

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notice, fee and current certificate of title to the Commissioner as required herein, the lien claimant may, if his lien has not been satisfied, on a form prescribed by the Commissioner, make direct application to the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the Commissioner shall order the person who has custody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If after a direct application to the Commissioner and after the order of the Commissioner the person who has custody of the current certificate of title continues to fail, refuse or neglect to forward the certificate of title as provided herein, the Com missioner may cancel the current certificate of title and issue a duplicate certificate of title reflecting all security interest and liens, and this duplicate certificate of title shall be delivered as provided for in this Act. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is cancelled. Any security interest holder or lienholder having custody of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this Section. The first security interest holder or lienholder shall have the responsibility to advise a pros pective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the Commissioner shall cancel the old certificate of title.

"(2) A lien perfected under the provisions of this Section shall be a lien only against the specific vehicle identified in the applica tion for a new certificate.

"(3) A lien on a vehicle for which a certificate of title is re quired shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by com
pliance with this Section.

"(4) Any lien which was perfected prior to the effective date of this Act shall remain perfected as of its original date if the lienholder refiles his lien and perfects it as provided by this Act within three (3) months after the effective date of this Act; otherwise, such liens shall not continue perfected in this State.

"(5) The procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected."

Said Act is further amended by inserting at the end of subsection (b) of Section 31 a new subsection (c) of Section 31 to read as follows:
"(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in

THURSDAY, MARCH 6, 1969

1383

Section 21 of this Act after having received a notice of lien as provided in Section 21 of this Act is guilty of a misdemeanor."

The following House amendment to the Senate amendment was read and adopted :

Mr. Caldwell of the 39th moves to amend Senate amendment to House Bill 288 as follows:
By striking from the end thereof the following:
"Said Act is further amended by inserting at the end of sub section (b) of Section 31 a new subsection (c) of Section 31 to read as follows:
'(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in Section 21 of this Act after having received a notice of lien as provided in Section 21 of this Act is guilty of a misdemeanor.' ",
and by substituting in lieu thereof the following:
"And by renumbering Section 7 and 8 as Sections 8 and 9, respectively, and by inserting following Section 6 a new Section 7 to read as follows:
'Section 7. Said Act is further amended by inserting at the end of subsection (b) of Section 31 a new subsection (c) of Section 31 to read as follows:
'(c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in Section 21 of this Act after having received a notice of lien as provided in Section 21 of this Act is guilty of a misdemeanor.' "
Mr. Caldwell of the 39th moved that the House agree to the Senate amend ment, as amended by the House.
On the motion, the ayes were 109, nays 0.
The motion prevailed, and the Senate amendment to HB 288, as amended by the House, was agreed to.
Mr. Harris of the 67th moved 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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HB 212. By Messrs. Harris of the 67th, Brantley of the 114th, Egan of the 116th, Funk of the 92nd and others:
A Bill to be entitled an Act to create the "Coastal Wetlands Protection Board" under the State Game and Fish Commission; 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 Alexander Atherton Ballard Barber Bell Bennett Berry Blalock Bohannon Bond Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Burruss Caldwell Carnes Cato Collier Collins, S. Conger Connell Cooper Crowe Daugherty Davis, E. T. Davis, W. DeLong Dent Dixon Edwards Egan

Ezzard Farrar Floyd, L. R. Geisinger Graves Gunter Harrington Harris, J. R. Harris, R. W. Henderson Hill, B. L. Hill, G. Hood Horton Housley Hudson Hutchinson Jones, Herb Jones, M. Jordan, G. Kreeger Lambert Lane, Dick Lee, W. S. Levitas Lewis Lowrey Mason McClatchey McCracken Merritt Milford
Moore Mullinax

Those voting in the negative were Messrs.:

Battle Bo wen Buck
Cole Dorminy Ellis Felton

Gignilliat Howell Joiner Jones, C. M. Jordan, H. S. Keen Knapp

Nash Nessmith Nunn Paris Parker, C. A. Patterson Peters Peterson Phillips, W. R. Pickard Rush Salem Scarborough Shanahan Shepherd Sims Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Town send Ware Westlake Whaley Wheeler, Bobby Wilkerson Williams Wilson Winkles Wood
Maxwell Melton Miles Moate Phillips, L. L. Pinkston Scarlett

THURSDAY, MARCH 6, 1969

1385

Those not voting were Messrs.:

Anderson Barfield Black Bostick Brantley Busbee Gates Chandler Clarke Collins, M. Colwell Conner Cook Dailey Dean, J. E. Dean, N. Dickinson Dodson Douglas Evans Fallin Farmer Floyd, J. H. Funk
Gary

Gaynor Grahl Hadaway Hale Hamilton Hargrett Harris, J. F. Harrison Hawes Higginbotham Holder Johnson Keyton Knowles Lane, W. J. Lee, W. J. (Bill) Leonard Longino Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell Miller
Morris

Murphy Northcutt Odom Pafford Parker, H. W. Phillips, G. S. Poole Potts Rainey Reaves Roach Ross Rowland Russell Sherman Simkins Simmons Smith, J. R. Smith, V. T. Vaughn Wamble Wheeler, J. W. Mr. Speaker

On the motion to reconsider, the ayes were 101, nays 21.

The motion prevailed, and HB 212 was reconsidered.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 250. By Messrs. Felton of the 95th, Barber of the 15th, Parker of the 44th, Levitas of the 77th and others:
A Bill to be entitled an Act to provide for the education and rehabilita tion of children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in Georgia; and for other purposes.

The following Senate amendments were read:

Senator Miller of the 43rd moves to amend HB 250 by striking the word "and" between the words "mute" and "blind" and inserting the words "and/or" both in Section 1 and in the caption.

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JOURNAL OF THE HOUSE,

Senator Smith of the 34th moves to amend HB 250 hy adding in line 4 of Section I between the words "children" and the word "shall" the words "upon the written consent of the parent, parents, and/or guardian and/or the person, persons or organization having legal custody of said child or children".

Mr. Felton of the 95th moved that the House agree to the Senate amend ments.

On the motion, the ayes were 105, nays 2.

The motion prevailed, and the Senate amendments to HB 250 were 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 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the procedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and municipalities; and for other purposes.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 288. By Messrs. Williams of the llth, Smith of the 39th, Pafford of the 64th and Matthews of the 16th:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled motor vehicles; and for other purposes.

THURSDAY, MARCH 6, 1969

1387

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 99. By Senator Coggin of the 35th: A Resolution relative to adjournment; 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 SO. By Mr. Levitas of the 77th:
A Bill to amend an Act creating the Legislative Services Committee and the Code Revision Council, so as to change the composition of the Code Revision Council; and for other purposes.

The President has appointed on the part of the Senate the following Senators: Smalley of the 28th, Holley of the 22nd, and Webb of the llth:

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to wit:

HB 51. By Mr. Paris of the 14th:
A Bill to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during the months of June, July and August under certain circumstances; 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 51. By Mr. Paris of the 14th:
A Bill to be entitled an Act to amend an Act regulating the employment of children, so as to permit the employment of certain 15 year olds during certain months under certain conditions; and for other purposes.

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JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HB NO. 51

The Conference Committee on HB No. 51 recommends that the Senate and House both recede from their positions and that the attached Substitute to HB No. 51 be adopted.

Respectfully submitted,
FOR THE SENATE
ED GARRARD Senator, 37th District
ROBERT A. ROWAN Senator, 8th District
A. W. Holloway Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES
JAMES W. PARIS Representative, 14th District
DR. McKEE HARGRETT Representative, 58th District
WILLIAM J. LEE Representative, 21st District

CONFERENCE COMMITTEE SUBSTITUTE TO HB 51
A BILL
To be entitled an Act to amend an Act regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), so as to permit the employment of certain fifteen year olds during the months in which they are on vacation from school under certain circumstances; 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 regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), is hereby amended by adding between Sections 2 and 3 a new section to be numbered Section 2A and to read as follows:
"Section 2A. Notwithstanding any other provisions of this Act to the contrary, during the months in which a child fifteen

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1389

years of age is on vacation from school, he may be engaged in any gainful employment which is not otherwise prohibited, if he shall present to his employer the certificate required by Section 7 of this Act, and a certificate from a physician licensed to practice medicine under the provisions of Code Chapter 84-9 or Code Chapter 84-12, that the child is physically able to accomplish the tasks for which he will be engaged during the course of his employment. This Sec tion shall not be construed so as to permit children fifteen years of age to be employed in occupations and activities which are pro hibited other than by the provisions of this Act."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Paris of the 14th moved that the report of the Committee of Conference be adopted.

On the motion, the ayes were 108, nays 0.

The motion prevailed, and the report of the Committee of Conference on HB 51 was adopted.

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 562. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th and Howell of the 60th:
A Bill to be entitled an Act to amend Code Chapter 34-15, relating to the returns of primaries and elections, so as to provide for the procedures connected with the returns of primaries and elections; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend HB 562 as follows:
By inserting in the title immediately before the phrase:
"to provide the procedures connected with the foregoing"
the following:
"to provide that in instances where no candidate receives a majority, and if a candidate who received the second highest number

1390

JOURNAL OP THE HOUSE,

of votes withdraws, no run-off election or primary shall be held, and the candidate receiving the highest number of votes shall be nominated or elected; to provide that in the event a candidate eligible to participate in the run-off dies or becomes ineligible, the remaining candidates receiving the two highest number of votes shall be candidates in such run-off; to provide that a write-in candidate eligible for election in a run-off shall be printed on the run-off election ballot in the Independent column;"

And, by striking in their entirety the third and fourth sentences in Section 34-1514, which Section is quoted in Section 1 of said bill, and substituting in lieu thereof the following sentences:

"In instances where no candidate receives a majority of the votes cast, a run-off primary or election, between the candidates receiving the two highest number of votes, shall be held on the fourteenth day after the day of holding the preceding primary or election, unless such run-off date is postponed by court order; pro vided that in the event the candidate receiving the second highest number of votes withdraws, no such run-off shall be held and the candidate receiving the highest number of votes shall be nominated or elected as the case may be; provided further that in the event any candidate eligible to be in a run-off dies, or one of the two candidates originally receiving the highest number of votes is found to be ineligible, the remaining candidates receiving the two highest number of votes shall be the candidates in such run-off. The candidate receiving the highest number of the votes cast in such run off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a run-off shall be printed on the run-off election ballot in the Independent column."

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 Atherton Ballard Barber Battle Bell Berry Black Blalock

Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee

Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger

Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Holder Hood Horton Housley

THURSDAY, MARCH 6, 1969

1391

Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W.

Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R.
Toles
Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilkerson Wilson Wood

Voting in the negative was Mr. G. Hill.

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen

Collins, S. Dailey Dean, J. E. Farmer

Grahl Hale Hamilton Hawes

1392
Henderson Knowles Longino Matthews, D. R.

JOURNAL OF THE HOUSE,

Melton Miller Moate Odom

Rainey Scarlett Simians Mr. Speaker

On the passage of the Bill, as amended, the ayes were 170, nays 1.

The Bill, having received the constitutional majority, was passed, as amended.
HB 559. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Howell of the 60th and Lambert of the 25th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to delete from Titles 34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the "Voting Rights Act of 1965" (Public Laws 89-1110; 79 Sta. 437) ; and for other purposes.

The following amendment was read and adopted:
Mr. Jordan of the 55th moves to amend HB 559 as f olows:
By inserting in the title immediately before the phrase "to pro vide an effective date;" the following: "to provide certain additional requirements in connection with electors needing assistance in voting;".
By striking Section 4 in its entirety and substituting in lieu there of a new Section 4 to read as follows:
"Section 4. Said Code is further amended by striking in their entirety subsections (b) and (c) of Code Section 34-1317, relating to assistance in voting, as amended, particularly by an Act approved March 4, 1966 (Ga. Laws 1966, p. 185) and substituting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector, except a poll officer, who is a resident of the election district in which the elector requiring as sistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting com partment or booth. No person shall assist more than ten (10) such electors in any primary or election.
'(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall cause the same to

THURSDAY, MARCH 6, 1969

1393

be duplicated and deliver the original oaths to the Ordinary of the county and the duplicates to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors' lists for as long as the disability shall continue. The oaths of assisted electors shall be available in the Ordinary's office for public inspection.' "

By renumbering Sections 9 and 10 as Sections 10 and 11, respective ly, and by adding a new section to be designated Section 9 and to read as follows:

"Section 9. Said Code is further amended by striking in its entirety subsection (c) of Code Section 34A-1211, relating to as sistance in voting, and substituting in lieu thereof a new subsection (c) to read as follows:

'(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall cause the same to be dupli cated and deliver the original oaths to the Ordinary of the county within which the municipality is located and the duplicates to the registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors' lists for as long as the disability shall continue. The oaths of assisted electors shall be available in the Ordinary's office for public in
spection.' "

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bowen Brantley, H. H.

Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole

Collier Collins, M. Collins, S. Colwell Conger Conner Cooper, J. R. Crowe Daugherty Davis, B. T. Davis, W. Dean, N. DeLong Dent Dickinson

1394
Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M.
Jones, Herb
Jones, M.
Jordan, G.

JOURNAL OF THE HOUSE,
Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W.
Patterson
Peters
Peterson

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilkerson
Wilson
Wood

Those not voting were Messrs.:

Barfield Bennett Bostick Connell Cook Dailey Dean, J. E. Egan

Farmer Floyd, J. H. Grahl Hale Hamilton Hawes Knowles Matthews, C.

Miller Odom Pinkston Thompson, A. W. Townsend Mr. Speaker

THURSDAY, MARCH 6, 1969

1395

On the passage of the Bill, as amended, the ayes were 173, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 613. By Messrs. Thompson of the 86th, Jones and Buck of the 84th, Thompson of the 85th, Davis of the 86th and Berry of the 85th:
A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Bennett Berry Black Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray Brooks
Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler

Clarke Cole Collier Collins, S. Colwell Conger Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent
Dickinson Dixon Dodson Dorminy
Douglas Edwards Ellis Evans Fallin Farrar Felton Floyd, L. R. Funk

Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill, B. L.
Hill, G. Holder Hood Horton
Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G.

1396

JOURNAL OP THE HOUSE,

Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Miller Moate

Moore Morris Mullinax Murphy Nash Nessmith Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L.
Pickard Poole Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarlett

Voting in the negative was Mr. Potts.

Those not voting were Messrs.:

Barifeld Blalock Caldwell Collins, M. Connell Cook Dailey Dean Egan Ezzard Farmer

Floyd, J. H. Grahl Hale Hamilton Harrison Hawes Hudson Knowles Lewis Longino Matthews, D. R.

Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilkerson Wilson Wood
Milford Northcutt Odom Pafford Pinkston Scarborough Smith, J. R. Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 162, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 142. By Messrs. Rush of the 51st and Brantley of the 52nd:
A Bill to be entitled an Act to provide the procedure for the considera tion of the General Appropriations Bill by the House of Representa tives; and for other purposes.

THURSDAY, MARCH 6, 1969

1397

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner
Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N.
Dent

Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keyton Knapp

Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Nash Nessmith Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts
Rainey Reaves Roach

1398

JOURNAL OF THE HOUSE,

Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins

Simmons Sims Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend

Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Cook Dailey Dean, J. E. DeLong Farmer Farrar Floyd, J. H. Grahl

Hale Hamilton Harrison Henderson Howell Keen Knowles Lewis Matthews, C. Matthews, D. R.

McCracken Murphy Northcutt Odom Smith Vaughn Ware Mr. Speaker

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, HB 142 was ordered immediately transmitted to the Senate.

HB 605. By Mr. Dean of the 19th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Port Mortem Examination Act", so as to change the compensation of jurors for their services; and for other purposes.

The following substitute, offered by Messrs. Dean and Murphy of the 19th, was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, so as to provide that the first grand jury impaneled at the fall term of the superior courts of the several

THURSDAY, MARCH 6, 1969

1399

counties shall fix the compensation of the jurors of the coroner for the next succeeding year; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act known as the "Georgia Post Mortem Examina tion Act', approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, is hereby amended by striking Section 13 in its en tirety and inserting in lieu thereof a new Section 13 to read as follows:

"Section 13. The coroner shall summon and impanel five jurors to hold an inquest who shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for their services for the next succeeding year, but such compensation shall not be less than $3.00 nor more than $10.00 per diem. It shall be the duty of the coroner, or other person discharg ing the duties of the coroner, to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juoror for his services."

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.

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 Atherton Ballard Barber Battle Bell Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray

Brooks Brown, B. D. Brown, C. Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger

Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson Douglas Ewards Egan

1400
Ellis Evans Fallin Farmer Farrar Felton Floyd Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutehinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen

JOURNAL OF THE HOUSE,

Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wambles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Blalock Buck Caldwell Dailey Dean, J. E. DeLong Dorminy Ezzard

Floyd, J. H. Hadaway Hale Hamilton Howell Jordan Knowles Lane, W. J. Lewis Longino

Matthews, D. R. Odom Parker, H. W. Reaves Ross Rush Smith Vaughn Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 0.

THURSDAY, MARCH 6, 1969

1401

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Smith of the 3rd stated that he had been called from the floor of the House when the roll was called on HB 605, by substitute, but had he been present would have voted "aye".

By unanimous consent, HB 605, by substitute, was ordered immediately trans mitted to the Senate.

HB 271. By Messrs. Barber of the 15th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Title 32 relating to educa tion, so as to provide that daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 32, relating to education, as amended, so as to provide that the daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; to provide that the school census shall be taken quadrennially; to amend an Act relating to school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended, so as to provide for certifying the daily records of attendance by the teacher making the record; 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. Code Title 32, relating to education, as amended, is hereby amended by striking Code Section 32-914 in its entirety and in serting in lieu thereof a new Code Section 32-914 to read as follows:
"32-914. Reports by teachers.--It shall be the duty of teachers to make and file with school officials designated by the county, independent or area superintendent of schools records of attendance of pupils. Such records may be compiled in Central Records Offices from daily reports of teachers or they may be maintained in regis ters provided by the State Board of Education. Until all required reports shall have been filed by a teacher, it shall not be lawful for the county superintendent of schools to audit the accounts of said teachers for their services."

1402

JOURNAL OF THE HOUSE,

Section 2. Said Code Title is further amended by striking Code Section 32-1020 in its entirety and inserting in lieu thereof a new Code Section 32-1020 to read as follows:

"32-1020. Duties of teachers.--Each teacher shall keep an accurate account of the number of pupils entering the school room and the number of days of actual attendance. For this purpose, the teacher shall be provided with a register by the local school au thorities or she may be provided with forms on which to make daily reports of attendance through the principal to a Central Rec ord Office where accumulated records are maintained. It shall not be legal to make the final salary payment to any teacher until all required reports have been made."

Section 3. Said Code Title is further amended by striking Code Section 32-1601 in its entirety and inserting in lieu thereof a new Code Section 32-1601 to read as follows:

"Section 32-1601. Duty of the State Board of Education to adopt rules and regulations for school census; cost of census. It shall be the duty of the State Board of Education to take or have taken a quadrennial census of school age children. The cost of tak ing and keeping the census shall be a legitimate item in the budget and shall be paid out of state funds. The State Board of Education shall have authority to adopt such rules and regulations as it deems necessary to maintain the school census between enumerations on a current basis. If any parent, guardian, or other person refuses to give any properly authorized census-taker, teacher, school principal, or other school official charged with the duty of obtaining the school census in any county or independent school system the nec essary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully make any false statement to any person duly authorized to take the school census, of any county or independent system, he shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five dollars or by confinement not to exceed thirty days or by both fine and confinement, in such manner as the court shall direct.'

Section 4. An Act relating to school attendance approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended, 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. Visiting teachers and attendance officers shall re ceive the cooperation and assistance of all teachers and principals of public and private schools in the County or Independent School Systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all schools--public, private, denominational or parochial --to report, in writing, to the visiting teacher or attendance officer of the County or the Independent School System, the names, ages, and residences of all pupils in attendance at their school and classes within thirty (30) days after the beginning of the school term or

THURSDAY, MARCH 6, 1969

1403

terms, and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of atten dance verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance of ficer, or duly authorized representative at any time during the school day. Any person violating any provision of this Section or of the rules and regulations of the State Board of Education relat ing to compulsory school attendance previously published one time in the official education journal of the State shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceeed one hundred ($100) dollars."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:
Messrs. Barber of the 15th and Harris of the 77th move to amend Committee Substitute to House Bill 271 by striking from Section 1 the second sentence which reads as follows, "such records may be compiled in central Records Offices from daily reports of teachers or they may be maintained in registers provided by the State Board of Education", and substituting in lieu thereof the following sentence, "such records shall be compiled in Central Records Offices or in the place designated by the County or independent City System Board of Education from daily reports of the teachers or such records may be maintained in registers or by other means as may be provided for by the State Board of Education."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton

Ballard Barber Battle Bell

Bennett Berry Black Bohannon

1404
Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dodson
Dorminy
Douglas
Edwards
Egan
Ellis
Evans
Ezzard
Fallin
Farmer
Farrar
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Graves
Gunter

JOURNAL OF THE HOUSE,

Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Longino Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Moate
Moore
Morris
Mullinax
Murphy

Nash Nessmith Northcutt Nunn Pafford Paris Parker C. A. Parker, H. W. Patterson Peters Peterson Phillips, L. L. Phillips, W. R. Pickard Pinks ton Poole Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow
Sorrells
Sweat
Thomason
Thompson, A. W.
Thompson, R.
Toles
Townsend
Wamble
Ware
Westlake
Whaley
Wheeler, J. A.
Winkles
Wilkerson
Williams
Wilson
Wood

THURSDAY, MARCH 6, 1969

1405

Those not voting were Messrs.:

Barfield Blalock Clarke Collins, M. Cook Dailey Dean, J. E. DeLong Felton Floyd, J. H.

Grahl Hale Hamilton Harrison Henderson Howell Knowles Lambert Lee, W. S. Lewis

Miller Odom Phillips, G. S. Rush Vaughn Wheeler, Bobby Simmons Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 651. By Messrs. Lowrey of the 9th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to authorize hospital authorities to establish and effectuate employment benefits and retirement plans, and to au thorize the funding of same in whole or in part; and for other purposes.

The following amendments were read and adopted:
Mr. Lowrey of the 9th moves to amend House Bill No. 651 as follows:
By striking Section 1 in its entirety and substituting in lieu thereof the following:
"Section 1. Code Chapter 88-18 relating to hospital authori ties, as amended, particularly by an Act approved March 22, 1964 (Ga. Laws 1964, Ex. Sess., p. 15), is hereby amended by adding at the end of Code Section 88-1805, relating to functions and powers of hospital authorities, the following paragraph:
'Hospital authorities shall also have the power to select, ap point and employ officers, agents and employees, including engi neering, architectural and construction experts, accountants and attorneys, and fix their compensation, to establish employment benefits and retirement plans and trusts, funded in whole or in part or unfunded, and notwithstanding any other provisions of this Act to enter into contracts and trust indentures incident to such employment benefits and retirement plans, with such insurance, in-

1406

JOURNAL OP THE HOUSE,

vestment provisions, and other appropriate terms and conditions as determined by the Authority.' "

Mr. Egan of the 116th moves to amend HB 651 by adding a new Section 3A as follows: "Notwithstanding any other provision of this Act, no hospital authority will establish a retirement plan or trust without the prior consent of the governing authority of each local gov ernment contributing in any way to the support of such hospital.

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Burruss Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Conger Connell Conner

Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon Dorminy Douglas Edwards Egan Ellis Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.

Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, M. Jordan, G. Jordan, H. S. Keyton Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Marcus Mason Matthews, C. Maxwell McClatchey McCracken McDaniell Melton

THURSDAY, MARCH 6, 1969

Merritt Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rowland Rush Russell Scarlett Shanahan Sherman Sims Smith, V. T.

Those voting in the negative were Messrs.

Evans Keen

Milford Simkins

Those not voting were Messrs.:

Barfield Battle Bennett Buck Busbee Collier Colwell Cook Dailey Dean, J. E. DeLong Dodson

Grahl Hale Hamilton Holder Johnson Jones, C. M. Jones, Herb Knapp Knowles Lambert Lewis Matthews, D. R.

1407
Snow Sorrells Sweat Thomason Thompson, R. Toles Vaughn Wamble Ware Westlake Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood
Townsend Whaley
Mauldin Miles Moore Odom Ross Salem Scarborough Shepherd Simmons Smith, J. R. Thompson, A. W. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 154, nays 6.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 534. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the number of members on said board; and for other purposes.

1408

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler
Cole
Collier Collins, M. Colwell Conger Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson Dixon

Dorminy Edwards Egan Ellis Evans Ezzard Pallin Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H, W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rush Salem

THURSDAY, MARCH 6, 1969

1409

Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T.

Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware

Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Clarke Collins, S. Cook Dailey Dean, J. E. DeLong Dodson Douglas Farmer

Gei singer Hadaway Hale Hamilton Harris, J. F. Keyton Knowles Lambert Lee, W. S. Matthews, D. R. Miles

Miller Odom Peterson Phillips, G. S. Poole Rowland Russell Scarborough Townsend Wamble

On the passage of the Bill, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 117. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Subsection (2) of Code Section 56-2703, relating to life insurance for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton

Ballard Barber Battle Bell

Berry Black Blalock Bohannon

1410
Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carries Gates Cato Chandler Clark Cole Collier Collins, M. Collins, S. Conger Connell Conner Cooper Crowe Daugherty Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards
Egan Ellis Evans
Ezzard
Fallin
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Geisinger
Gignilliat
Grahl
Graves
Gunter
Hadaway

JOURNAL OF THE HOUSE,
Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey
Marcus Mason Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt
Miles
Milford
Mo ate
Moore
Morris
Mullinax
Murphy

Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rowland Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims
Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson, A. W. Thompson, R. Toles
Townsend
Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Wilson
Winkles
Wood

THURSDAY, MARCH 6, 1969

1411

Those not voting were Messrs.:

Barfield Bennett Colwell Cook Dailey Davis, E. T. Dean, J. E. DeLong

Farmer Farrar Hale Hamilton Harris, R. W. Keyton Knowles Matthews, C.

Matthews, D. R. Miller Ross Rush Salem Thomason Mr. Speaker
;

On the passage of the Bill, the ayes were 172, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 117 was ordered immediately transmitted to the Senate.

HB 643. By Messrs. Ware, Mullinax and Blalock of the 30th, Longino of the 98th, Vaughn of the 74th, Conger of the 68th, Scarlett of the 67th and Floyd of the 7th:
A Bill to be entitled an Act to authorize residents of the State of Geor gia to purchase shotguns and rifles from persons in states contiguous to the State of Georgia under certain conditions; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Battle Bell
Berry
Black
Blalock

Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C.
Buck
Burruss
Caldwell

Carnes Gates Cato Clarke Cole Collier Collins, M.
Collins, S.
Colwell
Conger

1412

JOURNAL OF THE HOUSE,

Connell Conner Cooper Crowe Davis, E. T.
Davis, W. Dean, N. Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Fallin Floyd, J. H. Floyd, L. R. Funk
Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison
Hawes Henderson Higginbotham Hill, G. Hood Horton

Housley Howell Hudson Hutchinson Johnson
Joiner Jones, C. M.
Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen
Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Marcus Mason Mauldin Maxwell McClatchey McDaniell Merritt Miles Milford
Miller Moate Morris Mullinax Nash Nessmith Nunn Odom Pafford

Those voting in the negative were Messrs.

Matthews, D. R.

Smith, J. R.

Those not voting were Messrs.:

Alexander Barfield Bennett
Bond Brooks Brown, B. D.
Busbee Chandler Cook

Dailey Daugherty Dean, J. E. DeLong Ezzard Farmer Farrar Felton Hale

Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Sorrells Sweat Thompson, R. Toles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson
Thompson, A. W.
Hamilton Harris, J. R. Hill, B. L. Holder Keyton Knapp Knowles Levitas Matthews, C.

McCracken Melton Moore Murphy Northcutt

THURSDAY, MARCH 6, 1969

1413

Paris Peterson Pinkston Russell Scarborough

Thomason Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

HB 627. By Messrs. Phillips of the 50th, Harris of the 77th and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act authorizing the appoint ment of an administration de bonis non with will annexed upon appli cation of interested persons in cases when the only qualified executor of a decedent's estate dies testate, so as to make the Act also applicable to cases where an executor has died intestate; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act authorizing the appointment of an administrator de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a de cedent's estate dies testate, approved February 12, 1952 (Ga. Laws 1952, p. 87), so as to make the Act also applicable to cases where an execu tor has died intestate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing the appointment of an administra tor de bonis non with will annexed upon application of interested per sons in cases when the only qualified executor of a decedent's estate dies testate, approved February 12, 1962 (Ga. Laws 1952, p. 87), is hereby amended by striking from Section 1 the words "testate himself", so that when so amended said Section shall read as follows:
"Section 1. In all cases when the only qualified and acting executor of the estate of a decedent dies, any person or persons having an interest in the estate of such first decedent shall have the right to apply to the court of ordinary having jurisdiction of the administration of such first estate for the appointment of an administrator de bonis non with the will annexed of such first testator."

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JOURNAL OP THE HOUSE,

Section 2. Said Act is further amended by inserting in Section 2 between the words "executor" and "appointed" the following: ", if any," so that when so amended Section 2 shall read as follows:

"Section 2. Upon the hearing of said application, after the issuance and publication of citation as in other cases of applications for letters of administration, the ordinary shall inquire into the circumstances of the case and determine whether the interest of such first estate and the persons interested therein will be best served by the appointment of an administrator de bonis non with will annexed or by permitting the executor, if any, appointed under the will of such deceased executor to be or become, as the case may be, the executor of such first estate by operation of law."

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, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton Ballard Barber Battle Bell Berry Black Blalock Bostick Bowen Brantley, H. H. Bray Brooks
Brown, B. D. Brown, C. Buck Burruss Busbee
Caldwell Games Gates Cato Chandler

Clarke Cole Collier Collins, M. Colwell Conger Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickinson
Dixon Dodson Dorminy Douglas Edwards
Egan Ellis Evans Fallin Farmer

Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Gignilliat Grahl Graves Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham
Hill, B. L. Hill, G. Holder Hood Horton
Housley Howell Hudson Hutchinson Johnson

THURSDAY, MARCH 6, 1969

1415

Joiner Jones, C .M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt

Miles Milford Miller Mo ate Moore Morris Mullinax Murphy Nash Northcutt Nunn Odom Pafford Paris Parker, C. A. Patterson Peters Peterson Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole
Potts
Rainey
Reaves
Roach
Ross
Rowland
Rush

Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sorrells Sweat Thompson, A. W. Thompson, R. Toles Town send Vaughn Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Wilkerson
Williams
Wilson
Winkles
Wood

Those not voting were Messrs.:

Barfield Bennett Bohannon Bond Brantley, H. L. Collins Cook Dailey Dean, J. E. DeLong

Ezzard Parrar Funk Geisinger Hadaway Hale Hamilton Harris, R. W. Hawes Keyton

Knowles Nessmith Parker, H. W. Phillips, G. S. Russell Snow Thomason Wamble Mr. Speaker

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.

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JOURNAL OF THE HOUSE,

HR 227-644. By Messrs. Brantley of the 114th and Vaughn of the 74th:
A Resolution authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property located in Fulton County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was adopted.

HB 226. By Messrs. Rainey of the 47th, Dickinson of the 118th, Rush of the 51st, Wamble of the 69th and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies, etc.; and for other purposes.

The following amendment was read and adopted:
Mr. Conger of the 68th moves to amend HB 226 as follows:
By adding a new Section to be properly numbered and to read as follows:
"This Act shall not apply to municipalities which already have a Rabies Control Act unless said Act is abolished in the future."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton

Barber Battle Bell Berry

Black Blalock Bohannon Bond

THURSDAY, MARCH 6, 1969

1417

Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Clarke Cole Collins, S. Colwell Conger Connell Cooper Crowe Daugherty Davis, E. T. Davis, W. Dent Dickinson Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Fallin Farrar Floyd, J. H. Floyd, L. R. Funk Gary
Gaynor
Geisinger
Gignilliat
Grahl
Graves

Gunter Hadaway Hamilton Hargrett Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, D. R. Maxwell McCracken McDaniell Melton Merritt Miles Miller
Moate
Morris
Mullinax
Nash
Nessmith

Northcutt Odom Pafford Parker, C. A. Parker, H. W. Patterson Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rowland Rush Salem Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Westlake Whaley Wheeler, Bobby Winkles
Wilkerson
Williams
Wilson
Wood

Those voting in the negative were Messrs.:

Ballard Chandler Dean, N. Dixon Harrington

Harrison Johnson Leonard Longino Mauldin

Milford Moore Sweat Wheeler, J. A.

1418

JOURNAL OF THE HOUSE

Those not voting were Messrs.:

Barfield Bennett Collier Collins, M. Conner Cook Dailey Dean, J. E. DeLong Egan Farmer

Felton Hale Harris, J. F. Harris, J. R. Harris, R. W. Hawes Jordan, G. Keyton Knowles Matthews, C. McClatchey

Murphy Nunn Paris Peterson Phillips, G. S. Ross Russell Scarborough Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 14.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 396. By Messrs. Pickard, Jones and Buck of the 84th, Thompson and Berry of the 85th, Thompson and Davis of the 86th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to change the procedures ando circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized and regulated by certain counties and munici palities; and for other purposes.

The following Senate amendment was read: Committee on Temperance offers the following amendment to HB 396:
By renumbering Section 4 as Section 5. And, by inserting a new Section 4, to read as follows:
"Section 4. Said Act is further amended by striking from subsection (e) of Section 31 the following:
'thirty-five (35%)',

THURSDAY, MARCH 6, 1969

1419

and inserting in lieu thereof the following:

'fifteen (15%)',

so that when so amended subsection (e) shall read as follows:

'(e) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this sec tion resulting in the majority of the votes being cast in favor of the sale of distilled spirits or alcoholic beverages for beverage pur poses by the drink, the governing authority of such municipality or county shall upon a petition signed by at least fifteen (15%) per cent of the registered, qualified voters of said municipality or county proceed to call another election in the same manner as here inbefore prescribed for the purpose of nullifying the previous elec tion; provided, however, no such election shall be called or had within two (2) years after the date of the declaration by the gov erning authority of the results of the previous election held for such purposes as hereinabove provided.'"

Mr. Pickard of the 84th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 119, nays 3.

The motion prevailed, and the Senate amendment to HB 396 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:

HB 488. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to amend an Act prohibiting the manu facture, sale, possession and discharge of fireworks, so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; and for other purposes.

The following amendment was read and adopted:

Mr. Edwards of the 45th moves to amend HB 488 as follows:
By striking in its entirety quoted subsection (4), which subsection is quoted in Section 1 of said Bill, and substituting in lieu thereof a new subsection (4) to read as follows:

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JOURNAL OF THE HOUSE,

"(4) The manufacture of any fireworks not prohibited by Con gress or any federal agency; the possession, transportation and storage of any such fireworks by any manufacturer thereof; the possession, transportation or distribution of any such fireworks to a distributor located outside the State of Georgia; the sale of such fireworks by any such manufacturer to a distributor located outside the State of Georgia; or the possession and transportation of such fireworks by any manufacturer or contract or common carrier from the point of manufacture within the State of Georgia to any point without the State of Georgia."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Black Bohannon Bostick Bowen Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Gates Cato Cole Collier Collins, M. Colwell Conger Connell Cooper Crowe Dean, N. Dickinson Dodson Dorminy Douglas Edwards Ezzard Pallin Farmer

Floyd, J. H. Gary Graves Gunter Hadaway Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Holder Housley Howell Hudson Hutchinson Joiner Jones, C. M. Keen Keyton Lane, W. J. Leonard Lewis Marcus Mason Matthews, D. R. Maxwell McClatchey McCracken Miles Miller Moore

Mullinax Murphy Nash Nessmith Nunn Pafford Paris Parker, C. A. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts, G. W. Rainey Reaves Roach Rowland Rush Russell Salem Scarlett Shanahan Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat

THURSDAY, MARCH 6, 1969

1421

Vaughn Wamble Ware

Wheeler, Bobby Wheeler, J. A. Wilkerson

Winkles Wood

Those voting in the negative were Messrs.:

Alexander Atherton
Battle Berry Blalock Bond Brantley, H. H. Buck
Carnes Chandler Davis, E. T. Dent
Dixon Egan

Evans
Gaynor Gignilliat Hamilton Harrington Hawes Horton Johnson Jones, Herb Jones, M. Jordan, G. Kreeger Lambert Lane, Dick

Lee, W. S. Le vitas Lowrey Mauldin Milford Peterson Pickard Scarborough Thompson, A. W. Thompson, R. Toles Townsend Whaley Williams

Those not voting were Messrs-

Barber Barfield Bell Bennett Brantley, H. L. Brooks Clarke Collins, S. Conner Cook Dailey Daugherty Davis, W. Dean, J. E. DeLong Ellis Farrar

Felton Floyd, L. R. Funk Geisinger Grahl Hale Hargrett Harris, J. F. Harris, J. R. Hood Jordan, H. S. Knapp Knowles Lee, W. J. (Bill) Longino Matthews, C. McDaniell

Melton Merritt Moate Morris Northcutt Odom Parker, H. W. Pinkston Ross Shepherd Simmons Thomason Westlake Wilson Mr. Speaker

On the passage of the Bill, as amended, the eyes were 104, nays 42.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 488, as amended, was ordered immediately transmitted to the Senate.

1422

JOURNAL OP THE HOUSE,

The following Resolution of the Senate was read:

SR 99. By Senator Coggin of the 35th:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE SENATE, THE HOUSE OP REPRE SENTATIVES CONCURRING, that the General Assembly do adjourn on March 7, 1969, at 2:00 o'clock p.m. and reconvene on March 10, 1969,
at 10:00 o'clock a.m.

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 Atherton Ballard Barber Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Clarke Collier Colwell Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W.

Dean, N. Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Holder Hood

Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton

Merritt
Miles Milford Miller Moore Morris Mullinax
Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S.

THURSDAY, MARCH 6, 1969

1423

Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts Rainey Reaves Roach Ross Rowland Rush Salem Scarlett Shepherd
Sherman Simkins Sims
Smith, J. R.

Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles, P. L. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.

Anderson Bostick Bo wen
Cato Chandler

Cole Collins, M. Collins, S. Conger Dickinson

Pallin Gunter Leonard Moate

Those not voting were Messrs.:

Barfield Bennett Caldwell Cook Dailey Dean, J. E. DeLong Farmer Farrar

Hale Hamilton Harris, R. W. Hill, G. Keyton Knowles Matthews, C. Odom, C. H.

Peterson Russell Scarborough Shanahan Simmons Smith, V. T. Townsend Wamble

On the adoption of the Resolution, the ayes were 155, nays 14.

The Resolution was adopted.

Mr. Busbee of the 61st 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.

1424

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Friday, March 7, 1969

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. Fred C. Lofton, Pastor, First African Baptist Church, Columbus, Georgia:
"O God, our God, in whom we live, move and have our being, in our more honest moments, we must admit that because a clergyman prays or because v/e bow our heads or assume any other posture, it does not necessarily follow that we are serious when we ask You to meet with us. Indeed, our history betrays us: usually when you have come in un mistakable fashion into our doings, we have found ways to lead you to ignoble Calvaries.
"Nevertheless, Eternal Father of our souls, grant to the members of this august body a sacred moment of quiet ere they take up the duties and responsibilities of the day. How awesome is their task! How grand noble this cause! The making of laws to govern the life and destiny of this State and her citizens. Turn their thoughts then to Thee 0 Lord, and open their hearts to Thy Holy Spirit that they may have wisdom in their decisions and understanding in their thinking, love in their attitude and mercy in their judgment.
"Let the Representatives know that when this prayer is said they must still depend on Thee for Thy counsel and guidance. Walk with them, as they convene, and when they adjourn. Be Thou in each com mittee and every caucus. Be Thou that hidden power which motivates them to lofty service which is done for betterment of man and the forward movement of Thy kingdom on earth.
"From this Holy and Sacred interlude may There flow light and joy and power that will remain with them until night shall bring Thy whispered benediction . . . "Well done Thy good and faithful servant, well done." Let our minds be aware of Thy providential movement in our lives, and, in the quietness of this moment, let us be truly grateful. So help us all this day through Jesus Christ our Lord,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enroll ing, Engrossing and Journals, reported that the Journal of the previous legisla tive day had been read and found to be correct.

FRIDAY, MARCH 7, 1969

1425

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, Friday, March 7, 1969, and submits the following:

HB

61. Harmful Materials, Sale and Delivery.

HB 109. District Attorney, Expense Allowance PP.

HB 132. Insurance, Accident and Sickness, Cancelled.

HB 432. Municipalities, Zone Property.

HB 563. Conduct of Primaries and Elections.

HB 567. County Surveyor, Filling of Vacancies.

HR 204-586. Nonprofit Corporations, Exempt from Ad Valorem Tax.

HB 611. Georgia Agricultural Commodities Promotion Act.

HR 231-656. Classify Property, Taxation Purposes.

HB 694. Urban Redevelopment Law, Certain Counties.

HB 761. Race Track or Facility, Safety Regulations.

HB 784. Speed Facility, Safety Regulations.

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JOURNAL OF THE HOUSE,

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 61st, 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 811. By Mr. Marcus of the 62nd:
A Bill to he entitled an Act to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell . . . ", so as to change the compensation to be paid the Commissioner of Roads and Revenues of Mitchell County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of said court reporter; and for other purposes.
Referred to the Committee on Local Affairs.

HB 817. By Messrs. Floyd and Davis of the 75th:
A Bill to be entitled an Act to amend Code Section 34A-1206, relating to unlawful campaign activities, so as to prohibit radios within the voting line; and for other purposes.
Referred to the Committee on State of Republic.

HB 818. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, MARCH 7, 1969

1427

HB 819. By Messrs. Higginbotham, Davis, Floyd and Westlake of the 75th, Morris and Bell of the 73rd, Dean of the 76th, Collins and Geisinger of the 72nd, Thomason and Levitas of the 77th:
A Bill to be entitled an Act to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said governing authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 820. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to abolish the present mode of com pensating the Clerk of the Superior Court of Atkinson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 821. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 822. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to create the City of Pearson Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 823. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy; and for other purposes.
Referred to the Committee on Local Affairs.

HB 824. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to abolish the present mode of compen sating the Clerk of the Superior Court of Lanier County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

HB 825. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HR 268-825. By Messrs. Floyd, Davis, Higginbotham and Westlake of the 75th, and Bell of the 73rd:
A Resolution proposing an amendment to the Constitution so as to change the method of filling vacancies in the offices of district at torneys of the superior courts of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 269-825. By Messrs. Floyd, Davis, Higginbotham and Westlake of the 75th, and Bell of the 73rd: A Resolution proposing an amendment to the Constitution so as to provide for special elections to fill judgeship vacancies in the superior courts of this State; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 270-825. By Mr. Brantley of the 114th: A Resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 271-825. By Mr. Lambert of the 25th: A Resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Greene County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 272-825. By Messrs. Smith, Cole and Leonard of the 3rd: A Resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.
Referred to the Committee on State Institutions and Property.

FRIDAY, MARCH 7, 1969

1429

HR 273-825. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A Resolution creating an iterim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 826. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 827. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, so as to provide for an additional motor vehicle for use by the sheriff of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 828. By Messrs. Douglas and Rowland of the 42nd: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Laurens County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 829. By Messrs. Cato and Conger of the 68th: A Bill to be entitled an Act to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 830. By Messrs. Cato and Conger of the 68th: A Bill to be entitled an Act to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, so as to abolish the annual salary of the district attorney of said judicial circuit; and for other pur poses.
Referred to the Committee on Local Affairs,

HB 832. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to enable residents of Georgia to purchase in contiguous States, and residents of contiguous States to purchase in Georgia, rifles and shotguns provided such persons conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State; and for other purposes.
Referred to the Committee on Game and Fish.

HB 833. By Mr. Rainey of the 47th:
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 change the provisions relating to hunting, fishing and trapping licenses; and for other purposes.
Referred to the Committee on Game and Fish.

HB 834. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.
Referred to the Committee on Local Affairs.

HB 835. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Hartwell, so as to change the term of office of the mayor; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, MARCH 7, 1969

1431

HR 274-835. By Mr. Hadaway of the 27th:
A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Ap peals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.
Referred to the Committee on Local Affairs.

HB 836. By Mr. Pafford of the 64th:
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 (now Atkinson County Commission), so as to change the compensation of the said commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 837. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for a change in the provisions relating to the compensation of the Director; and for other purposes.
Referred to the Committee on Game and Fish.

HB 838. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change a certain definition; to change the provisions relating to the meetings of the Commission; to change the provisions relating to appropriations to the Commission; to authorize the Commission to accept grants and donations; and for other purposes.
Referred to the Committee on Game and Fish.

HB 839. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 56-2431, relating to the authority of governmental units to make deductions to pay insurance premiums, so as to change the coverage for which deductions may be made; and for other purposes.
Referred to the Committee on Insurance.

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:

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JOURNAL OF THE HOUSE,

HB 842. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-1004 and Code Section 89-101, so as to change the qualifications of county school superintendents; and for other purposes.
Referred to the Committee on Education.

HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, etc.", approved February 28, 1969, (Act No. 57), so as to delete the appropriation relating to hog cholera indemni ties; to provide an appropriation for livestock indemnities; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 798. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act providing for the disposi tion of certain funds received by county officials, officers and em ployees, so as to provide that in all counties with populations of not less than 18,050 and not more than 18,300, any county official, officer or employee, who deposits county funds with any bank or trust company shall only deposit said funds in an account which is in the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only; and for other purposes.

HB 799. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.

HB 800. By Messrs. Funk of the 92nd, Gaynor of the 88th, Hill of the 94th, Ellis of the 91st and Gignilliat of the 89th:
A Bill to be entitled an Act to provide for the manner of appointment of members of the Board of the Chatham County Hospital Authority; and for other purposes.

FRIDAY, MARCH 7, 1969

1433

HB 801. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.

HB 802. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.

HR 264-802. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee and Lee of the 61st, Jones of the 59th, Lambert of the 25th, Murphy of the 19th and others:
A Resolution approving the Governor's plan for communications and creating the State Communications Committee; and for other pur poses.

HB 803. By Messrs. Smith of the 43rd and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and local gov ernments in the cost of the Minimum Foundation Program of Educa tion ; and for other purposes.

HB 804. By Messrs. Egan of the 116th, Matthews of the 16th, Ellis of the 91st, Cook of the 95th and Simkins of the 78th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; and for other purposes.

HB 805. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide for the issuing of a license plate to persons engaged in the business of transporting mobile homes and house trailers for others; and for other purposes.

HR 265-805. By Mr. Johnson of the 29th:
A Resolution creating the Joint Mechanics' and Materialmen's Liens Study Committee; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton and Horton of the 95th, Longino of the 98th and Adams of the 100th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the duties of the Local Advisory Board; and for other purposes.

HB 807. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend Code Section 9-201, 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, so as to change certain qualifications under said Section; and for other purposes.

HB 808. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.

HB 809. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HR 266-809. By Messrs. Shanahan of the 8th and Ross of the 26th:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.

HB 810. By Messrs. Pinkston, Knapp, Keen and Evans of the 81st, Miller of the 83rd, and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, so as to provide that the commissioners of Bibb County shall fix their own compensation; and for other pur poses.

HB 812. By Messrs. Melton of the 32nd, Peterson of the 41st, and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality to levy and collect a tax upon the sale or charges for any room or

FRIDAY, MARCH 7, 1969

1435

rooms, lodgings or accommodations furnished by any hotel, motel, inn, tourist camp, tourist cabin or any other such place; and for other purposes.

HB 813. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A Bill to be entitled an Act to authorize each county and municipality in this State to levy and collect a tax upon the sale of tickets, fees or charges made for admission to or voluntary contributions made by places of amusements, sports, or entertainment or other like places where an admission fee is charged; and for other purposes.

HB 814. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:

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 population requirements in Section 31 (a); and for

other purposes.

*

HB 815. By Messrs. Sims of the 106th and Chandler of the 34th:
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 permit convicts to do contract work for private industry; and for other pur poses.

SB 214. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign insurer; and for other purposes.

Mr. Matthews of the 63rd, Chairman of the Committee on Agriculture, submitted the following reports:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 428. Do Pass by Substitute. HB 697. Do Pass.
Respectfully submitted, Matthews of the 63rd, Chairman.

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Mr. Barber of the 15th, Chairman of the Committee on Education submit ted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 199. Do Pass.
HB 785. Do Pass.

Respectfully submitted, Barber of the 15th, 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 577. Do Pass as Amended.

Respectfully submitted, Smith of the 3rd,

Chairman.

Mr. Conner of the 56th, Chairman of the Committee on Insurance, sub mitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 84. Do Pass. SB 32. Do Pass as Amended.
Respectfully submitted, Conner of the 56th, Chairman.

FRIDAY, MARCH 7, 1969

1437

Mr. Harris or the 77th, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 590. Do Pass by Substitite. SB 26. Do Pass. HB 179. Do Pass. HB 415. Do Pass. HB 277. Do Pass as Amended. HB 360. Do Pass by Substitute. HB 747. Do Pass as Amended.

Respectfully submitted, Harris of the 77th, Chairman.

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 617. Do Pass. HB 645. Do Pass. HB 748. Do Pass by Substitute. HB 765. Do Pass. HB 774. Do Pass. HB 799. Do Pass. HB 801. Do Pass.

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HB 802. Do Pass. HB 806. Do Pass. HB 810. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. Chandler of the 34th, 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 Bills 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 658. Do Pass. HB 659. Do Pass. HR 266-809. Do Pass.
Respectfully submitted, Chandler of the 34th, Chairman.

Mr. McCracken of the 36th, Chairman of the Committee on State of Repub lic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Bills and Resolution of the House and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HR 264-802. Do Pass. HB 414. Do Pass. HB 416. Do Pass.
Respectfully submitted, McCracken of the 36th, Chairman.

FRIDAY, MARCH 7, 1969

1439

Mr. Paris of the 14th, Chairman of the Committee on Temperance, sub mitted the following report:

Mr. Speaker:

Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 804. Do Pass.

Respectfully submitted, Paris of the 14th,

Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 748. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to reincorporate and provide a new charter for the City of Cordele in the County of Crisp; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A Bill to be entitled an Act to reincorporate the City of Cordele in the County of Crisp; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for elections; to provide for a criminal court; to provide for election of first officials; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same:
CHAPTER 1
INCORPORATION AND POWERS
Article 1 Incorporation and Powers
Section 1.10--Incorporation. The City of Cordele, Georgia, in the County of Crisp, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Cordele,

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Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corpora tion; shall have perpetual succession; may sue and be sued; may con tract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

Section 1.11--City Boundaries. The boundaries of the City of Cordele shall be as described and set forth in appendix one hereto.

Article 2 Powers of the City

Section 1.20--Corporate Powers. The government of the City of Cordele is hereby vested with all powers which municipal corporations are now, or may hereafter be, authorized or required to exercise under the Constitution and Laws of the State of Georgia; with all powers which the City of Cordele was heretofore authorized to exercise on the effective date of this Charter under any general or local law, or both, of the General Assembly of Georgia, or under any general or local constitutional provision or amendment, or both, of the State of Georgia. In addition thereto, the government of the City of Cordele, Georgia, shall exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the government of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully completely as if such powers were fully enumerated herein.

Section 1.21--Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the City Commission and as provided by the pertinent laws of the State of Georgia.

Section 1.22--Ordinances. All ordinances, by-laws, rules and regu lations now in force in the City, not inconsistent with this Charter, are hereby declared valid and of force until amended or repealed by the City Commission.

CHAPTER 2
CITY COMMISSION
Article 1 General Provisions

Section 2.10--Compostion and Election. The legislative authority of the government of the City of Cordele shall be vested in a City

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1441

Commission of five commissioners, who shall be elected in the manner provided by Chapter 6, of this Charter.

Section 2.11--Terms and Qualifications of Office. The members of the City Commission shall serve for terms of five (5) years and until their successors are elected and qualified. No person shall be qualified or eligible to seek election as a city commissioner unless he shall have resided in the city one year immediately preceding his elec tion, and shall be registered and qualified to vote in municipal election for offices of the City of Cordele, and twenty-one years of age.

Section 2.12--General Power and Authority of City Commission.

(a) Except as otherwise provided by law or this Charter, the City Commission shall be vested with all the powers of government of the City of Cordele as granted in Chapter 2, Article 2.

(b) In addition to other powers conferred upon it by law, the City Commission shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this Charter, the Constitution and general laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, morals, prosperity and well-being of the inhabitants of the City of Cordele and may en force such ordinances by imposing penalties for violations thereof.

(c) The City Commission may by ordinance create, change, alter, abolish and consolidate offices, agencies, and departments and may assign additional functions to any of the offices, agencies and depart ments expressly provided for by this Charter.

Section 2.13--Vacancy in Elected Offices. The offices of city com missioners shall become vacant upon incumbent's death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, or when he ceases to reside within the corporate limits of the City of Cordele.

A vacancy in the office of city commissioner shall be filled for the remainder of the unexpired term, if any, as provided for in Chapter 6.

Section 2.14--Initial Election of City Commissioners. The Chair man and members of the Cordele City Commission in office on the date of adoption of this Act shall serve out the term for which they were elected.

Section 2.15--Vacancy on City Commission. Any vacancy which occurs on the City Commission for any cause shall be filled by the remaining members of the Commission and the member so selected shall serve only until the next regular election at which time, in ad dition to the commissioner whose term will have expired, an additional commissioner shall be elected to fill the unexpired term, if any.

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JOURNAL OP THE HOUSE,

Section 2.16--Organizational Meeting. On the first Monday in January 1970, the five commissioners, duly elected, shall elect a chairman and vice-chairman and thereafter the chairman as presiding officer shall attend his duties.

Article 2

Chairman of City Commission

Section 2.17--Powers and Duties, (a) The Chairman of the City Commission shall be the official spokesman for the City and the Chief advocate of policy. He shall preside at meetings of the commission, shall sign ordinances and resolutions on the final passage, shall sign deeds, bonds, contracts, and other instruments or documents authorized to be executed on behalf of the city. The Chairman shall perform such other duties imposed by this Charter or by ordinance not inconsistent there with.

Section 2.18--Vice Chairman. During the absence or disability of the Chairman of the City Commission for any cause, the Vice Chairman, or in his absence or disability for any reason, any one of the city com missioners chosen by the commission shall be clothed with all the rights and privileges of the Chairman of the City Commission and shall per form the duties of the office of the Chairman so long as such absence or disability shall continue. A vacancy in the office of a city commis sioner shall be filled for the remainder of his unexpired term, if any, as provided in Chapter 2.

Section 2.19--Compensation; Expenses. Each city commissioner shall receive as compensation for his services an amount fixed annually by ordinance of the commission. In addition thereto, a commissioner may be reimbursed for actual and necessary expenses incurred in the per formance of his official duties as provided by ordinance of the commis sion, and shall be entitled to participate in such group insurance benefits as are accorded regular city employees.

Section 2.20--Oath of Office. Each newly elected or appointed commissioner, before entering upon the duties of his office, shall take and subscribe in writing before the city clerk or before some judicial officer, the following oath:

"I do solemnly swear that I will well and truly demean myself and perform the duties of City Commissioner of the City of Cordele, Georgia, and will conduct the affairs of the City to the best of my skill and ability in the best interest and welfare of the City, without fear, favor, or affec tion, and that I will uphold the Constitution of the United States and the State of Georgia; so help me God."

whereupon the same shall be recorded in the minutes of the Commission.

Section 2.21--Prohibitions. (Holding Other Office) Except as au thorized by law, no member of the city commission shall hold any other city office or city employment during the term for which he was elected,

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1443

and no former commissioner shall hold any compensated city office or city employment until one year after the expiration of the term for which he held office.

(b) Voting When Personally Interested. No member of the City Commission shall vote upon any question in which he is personally interested.

Section 2.22--Forfeiture of Office. Any member of the City Com mission forfeit his office if he: (1) lacks at any time during his term of office any qualifications for the office as prescribed by the Charter or by law; (2) violates any expressed prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude.

Section 2.23--Judge of Qualifications. The members of the City Commission shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their offices and for that purpose shall have the power to subpoena witnesses, administer oaths and require production of evidence. A member charged v/ith conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand and notice of such hearing shall be published in a newspaper having general circulation in the city at least one week in advance of the hearing. Decisions made by the City Commission under this section shall be subject to the review of the courts.

Section 2.24--Inquiries and Investigations. The City Commission may make inquiries and investigations into the affairs of the city and conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the City Commis sion shall be punished by ordinance.

Article 3
Organization and Procedures
Section 2.30--Organizational Meeting. The City Commission shall meet for organization at the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members. Following the induction of members the Chairman and mem bers of the City Commission by majority vote of all the members thereof shall elect one of their number to be Chairman, and one to be Vice Chair man, who shall serve for a term of one year.
Section 2.31--Regular and Special Meetings, (a) The City Commis sion shall hold regular meetings at least twice in every month at such times and places as prescribed by ordinance. The Commission may recess any regular meeting and continue such meeting on any weekday or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting.

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(b) Special meetings of the Commission may be held on call of the Chairman or shall be held when requested in writing of three members of the Commission and, except in case of emergency, upon no less than twenty-four hours notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting.

(c) All regular meetings of the City Commission shall be open to the public; provided however, they may recess at any time for the pur pose of discussion in a session limited to their own members upon any matter which the City Commission should consider for the best interests of the city to discuss in executive session.

Section 2.32--Quorum; Voting. The Chairman or Vice Chairman and two commission members shall constitute a quorum for the transac tion of all city business. The Chairman or the Vice-Chairman, if he is presiding, shall be entitled to vote only in case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this Charter. Voting, except on procedural motions, shall be by voice and the ayes and nays shall be recorded in the journal, but any member of the Commission shall have the right to request a roll call vote.

Article 4
Ordinance Procedure
Section 2.40--Action Requiring an Ordinance. Except as herein provided every legislative act of the City Commission shall be exercised by ordinance.
(a) Forms--Every proposed ordinance shall be introduced in writ ing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City Commission of the City of Cordele hereby ordain .. ."
(b) Procedure--Except as otherwise provided by this Charter, each ordinance shall be introduced and read at a regular meeting of the City Commission. The ordinance shall not be adopted until the next regular meeting of the City Commission following the meeting of its initial introduction, but said ordinance may be amended, corrected or revised prior to adoption. Upon introduction of any ordinance, the city clerk shall distribute a copy to the Chairman and each commission member, to the city manager, the city clerk, and elsewhere as the Commission may designate.
(c) Submission of Ordinance to Chairman of the Commission-- Every ordinance shall after adoption but before it takes effect, be ten dered to the Chairman within five (5) days for his approval. The Chair man shall sign the ordinance if he approves it, whereupon it shall become effective. If he disapproves it, he shall return it to the commission with the reasons for his disapproval at or prior to the next regular meeting of the commission. If the commission shall pass the ordinance by a vote

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of at least three commissioners at a regular or special meeting within seven days after the ordinance has been returned with the disapproval of the Chairman, it shall become effective without his approval. If the Chairman does not return the ordinance or resolution of the commission within the time herein required, the same shall become effective without
his approval.

Section 2.41--Emergency Ordinances. To meet public emergency
affecting life, health, property, or public peace, the City Commission may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend, a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emer gency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) commissioners shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Chapter 4, shall automatically stand repealed seventy (70) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emgency ordinances.

Section 2.42--Codes of Technical Regulations. The City Commission may adopt any standard code of technical regulations by reference there to in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of section 2.40 (b) for distribution and filing of copies of the ordinance shall be construed to include copies of the Code of Technical Regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the City Clerk pursuant to section 2.43.

Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reason able price.

Section 2.43--Authentication and Recording; Codification; Print ing, (a) the city clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose, all ordinances adopted by the City Commission.

(b) Within three years after the adoption of this charter, and at least every ten years thereafter, the City Commission shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the City Commission with this Charter and any amendment thereto, and

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such codes of technical regulations and other rules and regulations as the City Commission may specify. This compilation shall be known and cited officially as "The Code of the City of Cordele". Copies of the code shall be furnished to all officers, departments, and agencies of the city and placed in the public library for free public reference and made avail able for purchase by the public at a reasonable price as fixed by the City Commission.

(c) The City Commission shall cause each ordinance having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be distributed or sold to the public at a reasonable price to be fixed by the City Commission. Following publication of the first Code of the City of Cordele and at all times thereafter, the ordi nances and charter amendments shall be printed substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The City Commission shall take such further arrangements as deemed desirable with respect to reproduction and dis tribution of any current changes in or addition to codes of technical regulations included in the code.

CHAPTER 3 ORGANIZATION AND ADMINISTRATION

Article 1

General

Section 3.10--Administrative Departments; Creation. The City Commission by ordinance shall establish such city departments, offices or agencies in addition to those created by this Charter as they shall deem necessary to administer the affairs and government of the city. They shall prescribe the functions and duties of any such departments, offices and agencies created, except that no function assigned by this Charter to a particular department, office or agency may be discon tinued or, unless this Charter specifically so provides, assigned to any
other.

Section 3.11--Consolidation, Transfer and Merger of Departments and Functions. Except as otherwise provided herein by section 3.10 of this Charter, the City Commission may by ordinance abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments,
and agencies of the city.

Article 2

City Manager

Section 3.20--Appointment: Compensation. The City Commission shall appoint for an indefinite term an officer whose title shall be city

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manager and who shall be the head of the administrative branch of the city government. The city manager shall be chosen by the City Commis sion on the basis of his qualifications as such with special reference to his actual experience in, and knowledge of, the duties of the office as hereinafter prescribed. At the time of his appointment he need not be a resident of the city, but he shall reside therein during his tenure of office. The city manager shall serve at the pleasure of the City Commis sion and shall receive such salary as the Commission may fix.

Section 3.21--Acting City Manager. By letter filed with the city clerk, the city manager shall designate subject to approval of the City Commission, a qualified city administrative officer to execute the powers and perform the duties of the city manager during his temporary absence or disability.

Section 3.22--City Administrator. The city manager shall be respon sible to the City Commission for the proper administration of all affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and em ployees in the administrative service of the city, except the city attorney who shall be appointed as provided for in Article 3 hereof. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Commission concerning the affairs of the city as he shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. He shall perform such other functions as assigned by the City Commission, provided however, his remuneration shall not exceed the amount of salary fixed in Section 3.20.

Article 3
City Attorney
Section 3.30--Appointment; Qualifications; Terms; Compensation. The City Commission shall appoint a city attorney who shall be a mem ber of the State Bar of Georgia and shall have actively practiced law in the city for at least one year. The city attorney shall serve at the pleasure of the City Commission and shall receive such compensation as they shall determine.
Section 3.31--Duties of the City Attorney. It shall be the duty of the city attorney to serve as legal advisor to the City Commission, city manager, and other city officials with respect to the affairs of the city; to draw proposed ordinances when requested to do so; to inspect and pass on the legality and form of all agreements, contracts, franchises and other instruments with which the city may be concerned; to attend

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meetings of the City Commission; and to perform such other duties as may be required of him by virtue of his position as city attorney.

Article 4
Administrative Officers
Section 3.40--City Clerk. The City manager shall appoint an officer who shall perform the duties of the city clerk and who shall keep a jour nal of the proceedings of the City Commission and maintain a safe place for all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the city manager may direct, including but not limited to the office of City Treasurer.
Section 3.41--Tax Collector. The city manager may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions of this Charter and ordinances of the city, and the tax collector shall diligently comply with and enforce all ordinances of the City of Cordele and applicable laws of Georgia relating to the collection and sale, foreclosures of taxes.
Article 5
Personnel Administration
Section 3.50--Position Classification and Pay Plans. The city man ager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the City Commission for approval. Said plans may apply to all employees of the City of Cordele and to any of its agencies and offices. When a pay plan has been adopted, the City Commission shall not increase or decrease the salaries of indi vidual employees except by amendment of said pay plan.
Section 3.51--Personnel Policies. The City Commission may adopt rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan; (3) hours of work; vacation, sick leave, and other leave of absence, overtime pay, retirement, and the manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for ade quate and systematic handling of the personnel affairs of the City of Cordele.
CHAPTER 4 FINANCE AND FISCAL
Article 1
Taxation
Section 4.10--Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year shall be

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subject to the property tax levied by the City. The City Commission by ordinance may elect to use the values established by the county asses sors or may provide for an independent city assessment as provided by Georgia law.

Section 4.11--Listing, Assessing and Collection of Taxes, (a) The City Commission shall have the authority to prescribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the City of Cordele shall be listed, assessed and collected.
(b) There shall be a Board of Tax Assessors for the City of Cordele which shall consist of three persons who shall be elected by the City Commission in the manner and at the time fixed by law for the election of all other officers chosen by said commission.

(c) There shall be a Board of Tax Appeals for the City of Cordele which shall consist of three persons, none of which shall be members of the Board of Tax Assessors, who shall be elected by the City Commission in the manner and at the time fixed for the election of all other officers chosen by said commission. Said board shall hear appeals from any per son dissatisfied with the action of the board of tax assessors as to the preparation or revision of any tax return. The City Commission shall prescribe by ordinance the time and manner of filing such appeals and the payment of costs by appellant, the duties and powers of the board of tax appeals, and the rules and regulations under which said board shall carry out its responsibilities. It shall have the power to issue sub poenas, administer oaths, and compel the production of records to the same extent as that authority is now vested in the Superior Court of Crisp County, and the authority hereby conferred shall be enforced as similar authority is enforced by said court.

(d) The board of tax appeals shall render a judgment in writing on the issue presented by such appeal, which judgment shall be rendered within one week of the time said appeal was tried. In the event there is a disagreement among the members of the board of tax appeals, the decision of two members of the board shall constitute a judgment of the board. The judgment shall be filed immediately with the city clerk who shall immediately mail a copy thereof to the property owner by certi fied United States mail with return receipt requested.

(e) Either the City Commission or the taxpayer shall have the right to appeal from any judgment rendered by the board of tax appeals to the Superior Court of Crisp County, which appeal shall be filed in the Superior Court within twenty (20) days after the rendition of the judg ment of the board of tax appeals, shall be in the same form, and shall be governed by the same rules as govern appeals to the Superior Courts from the Court of Ordinary.

Section 4.12--Tax Levy. The City Commission shall be authorized to levy an ad valorem tax not to exceed fifteen mills on the assessed valuation of all real and personal property situated within the corporate limits of the City of Cordele for the purpose of raising revenue to pay

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the cost of ordinary current operating expenses; for the retirement of principal and interest on outstanding commitments, except school bonds, and for any other purpose now or hereafter authorized by the Constitu tion and Laws of the State of Georgia; and in addition, two mills to be used exclusively for the payment of principal and interest on outstanding school bonds.

Section 4.13--Tax Due Dates and Tax Bills. The City Commission shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes shall be paid. The City Commission may provide by ordinance for the payment of taxes due the city in install ments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of city taxes shall be in such manner as the City Commission may determine by ordinance.

Section 4.14--Collections of Delinquent Taxes. The City Commission may provide by ordinance for the collection of delinquent taxes by dis tress warrants issued by the Chairman of the City Commission for the sale of goods and chattels to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city or county taxes, or by any of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assess ment of the first day of January of each year, which shall be superior to all other liens except that it shall have equal dignity with those of Fed eral, State or county taxes.

Section 4.15--Licenses and Occupational Taxes. The City Commis sion by ordinance shall have full power to levy such license and specific or occupational taxes upon the residents of the City of Cordele, both individual and corporate, and on all those who transact or offer to prac tice any profession or calling therein, as the City Commission may deem expedient for the public health, safety, benefit, convenience, or advan tage of the city; to classify businesses, occupations, professions or call ings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such license by execution of any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof.

Section 4.16--Sewer Service Charges. The City Commission shall have the right, power and authority to assess and collect fees, charges and tolls for sewer services rendered both within and without the cor porate limits of the City of Cordele to provide for the cost and expense of providing for the collection and disposal of sewage through sewerage facilities of said city. If unpaid, said sewer charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for city and county property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

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Section 4.17.--Sanitary, Garbage and Health Service Charge. The City Commission shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary, garbage and health services necessary in the operation of the city, from all individuals, firms and corporations residing in or doing business in said city benefit ing from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon or in accordance with such classifi cations or property and or sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

Section 4.18.--Special Assessments. The City Commission shall have power and authority to assess all or part of the cost of construct ing, reconstructing, widening, draining, or improving any public way, sewers, or utility mains and appurtenances, against the abutting prop erty owners, and to provide a method of payment of such assessments and penalties for nonpayment, under such terms and conditions as may be prescribed by ordinance. A lien shall exist against the abutting prop erty superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided herein or by ordinance for city property taxes.

Article 2

Borrowing

Section 4.20--General Obligation Bonds. The City Commission shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under the Charter and the Constitution and laws of the State of Georgia. Such bonding author ity shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.

Section 4.21--Revenue Bonds. Revenue bonds may be issued by the City Commission as now or hereafter provided by the laws of the State of Georgia.
Article 3

Accounting and Budgeting

Section 4.30--Fiscal Year. The fiscal year of the city government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the government of the city, unless otherwise provided by State and Fed eral law.

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Section 4.31--Preparation of Budgets. The City Commission shall provide by ordinance the procedures and requirements for the prepara tion and execution of an annual operating and a capital improvement budget.

Section 4.32--Scope of Annual Operating Budget, (a) The annual operating budget shall contain with respect to each of the operating funds of the government of the City of Cordele to which they are applicable:
(1) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year, and the amount of any reserve for designated purposes or activities includable in the operating budget.
(2) A reasonable estimate of revenues to be received during the ensuing year, classified according to source; provided, however, the estimated revenues from current and from delinquent property taxes shall not exceed the percentage collected of the total receivable from each such source during the last completed fiscal year, or the current fiscal year whichever is greater.
(3) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an estab lished classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year, and including all debt service requirements in full for such fiscal year payable from such fund.
(4) Work programs and performance data in justification of pro posed expenditures for each department, board, commission, office or agency.
(5) Such other information as may be considered necessary or de sirable or requested by the City Commission.

(b) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus, or fund balance, and applicable reserves and less any estimated deficit at the end of the current fiscal year.

Section 4.33--Submission of Budget to the City Commission. On or before a date fixed by the City Commission but not later than sixty (60) days prior to the beginning of each fiscal year, the city man ager shall submit to the City Commission a proposed budget for the ensuing year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the city manager's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the Commission and furnished to each member. A summary of the budget shall be

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published in a newspaper having general circulation within the city. The operating budget and the capital improvements budget herein after provided for, the budget message and all supporting schedules shall be filed in the office of the City Clerk and shall be open for public inspection.

Section 4.34--Action by the City Commission on Budget, (a) The City Commission may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for the expenditures required by law or by other pro visions of this Charter for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance reserves and revenues, con stituting the fund availability of such fund.

(b) The City Commission shall adopt the final operating budget for the ensuing year not later than the 15th day of June of each year. If the City Commission fail to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a monthto-month basis, with all items prorated accordingly until such time as the City Commission adopt a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document.

(c) The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual ap propriation for such item, and no expenditure shall be made or en cumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof, to which it is chargeable except as provided in section 4.36 of this Charter.

Section 4.35--Property Tax Levies. As the next order of business following the adoption of the operating budget, the City Commission shall levy by ordinance an annual tax on all real and personal property within the City of Cordele which is subject to ad valorem tax. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated.

Section 4.36--Additional Appropriations. The City Commission may by ordinance make supplemental appropriations from revenues in excess of those estimated in the budget or make revisions in the operat ing budget at any regular or special meeting called for such purpose.

Section 4.37--Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget shall lapse at the end of the fiscal year.

Section 4.38--Capital Improvements Budget, (a) On or before a date fixed by the City Commission but not later than sixty (60) days prior to the beginning of each fiscal year, the city manager

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shall submit to the City Commission a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The City Commis sion shall have power to accept with or without amendments or reject the proposed programs and means of financing.

(b) The City Commission shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 15th day of June of each year. No appropriation provided for the capital improve ments budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the City Manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by the City Commission.

Section 4.39--Independent Audit. The City Commission shall pro vide for an independent annual audit of all accounts of the City of Cordele 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 personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The city commission may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning- of such fiscal year.

Article 4
Procurement and Property Management
Section 4.40--Contracting Procedures. The City Commission shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City of Cordele. All contracts, and all resolutions making contracts or authorizing the same, if not drawn by the city attorney, shall be submitted to him before authorization by the City Commission. Except where otherwise provided by law or by ordinance of the City Commission, all contracts of the city shall be signed by the Chairman or Vice-Chairman or by some person designated by the City Commission and shall be authenticated by the city clerk.
Section 4.41--Centralized Purchasing; Competitive Bidding. The City Commission shall by ordinance set forth procedures for a system of centralized purchasing by the City of Cordele.
Section 4.42--Sale and Disposition of property, (a) The City Commission is hereby authorized to sell and convey any real or per sonal property owned or held by the City of Cordele for governmental or other purposes, except as otherwise limited by law; provided, how ever, no public utility owned or operated by the City of Cordele shall be sold by the City Commission unless such sale shall first be ap-

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proved by a majority vote of the electors of the City of Cordele voting in a special election called and held for that purpose.

(b) The City Commission may quit claim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public purposes and that the interest of the city has no readily ascertained monetary value.

(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the City Commission may authorize the execution and deliverance in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding no public sale after advertisement was or is hereafter made.

CHAPTER 5 MUNICIPAL SERVICES AND REGULATORY FUNCTIONS
Article 1
Municipal Services
Section 5.10--Street. The City Commission is hereby vested with the power to layout, open, widen, change, alter, straighten, improve, vacate, abandon, close and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City of Cordele. The City Commission shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys, or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose; however, no street shall be closed prior to ten days public notice being given of such intention.
Section 5.11--Municipal Utilities. The City Commission shall have the power and authority to acquire, own, hold, lease, build, maintain and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered to any of said systems; to finance any of said systems through appro priate bond issues or revenue certificates in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any said systems to consumers outside the corporate limits of the City of Cordele.
Section 5.12--Sewers and Drains. The City Commission shall be the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewer-

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age disposal system. This power includes the authority to extend said system beyond the corporate limits. For those purposes the City of Cordele is granted the power of eminent domain both within and without its corporate limits. The City Commission may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into same when such service is made available. The City Commission may cause said connection to be made when the owners refuse, and issue executions for the amount so expended, which execution shall be special liens on the property connected with said water and sewerage systems from the date of the order of connection.

Section 5.13--Right-of-Way. The City of Cordele shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and sewerage system purposes along the highway in the County of Crisp without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said city.

Section 5.14--Eminent Domain. The City Commission is hereby em powered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, elec trical systems, gas systems, airports, hospitals and charitable, education al, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements or purposes inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under section 36-202 of the Code of Georgia, 1933, subject to such amendments as shall be enacted thereto or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia.

Article 2
Regulatory Functions
Section 5.20--Power to Regulate and License. The City Commission shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Cordele, regardless whether or not the subject has an office or establishment within the city. The City Commission shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitution and laws on the United States and the State of Georgia. This power is conferred for the purpose of regula tion under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposi tion of a tax or fee on the privilege of operating within the city.

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This authority extends over individuals, partnerships, associations, corporations and their agents.

Section 5.21--Franchises. The City Commission shall have authority to exercise control over the use of streets of the City of Cordele. The power is conferred upon the City Commission to grant franchises for the use of said city's streets and alleys, for the purposes of rail roads, street railways, telephone and gas companies, electric companies, taxicabs, community antenna television companies, and transportation companies. The franchise right extends to, but is not limited to the erec tion of poles, stringing of wires, laying of pipe, lines or conduits both above and below the surface. The City Commission shall determine the duration, provisions, terms, whether the same shall be exclusive or non exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The City Commission shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The City Commission may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

Section 5.22--Planning and Zoning, (a) The City Commission of the City of Cordele may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purposes of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings; fences or other structures near street front ages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the City Commission shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry or profession or other activity conducted or to be conducted upon the premises; the number of persons, families or other group units to reside in or use said building; the public, quasi-public or private nature of the use of premises; upon any other base or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare.

(b) The City Commission of Cordele shall by ordinance elect to use the powers and authority granted in the General Laws of Georgia and any amendments thereto (General Planning Enabling Act of 1957, Ga. L. 1957, pg. 420 as amended) for the preparation and amendment of over-all plans for the orderly growth and development of said city; providing for the regulation of the sub-division of land; and for pro viding for the regulation of structures in mapped streets, public building sites, and public open spaces.

Section 5.23--Building, Electrical and Plumbing Regulations. The City Commission shall have the power and authority to enact such reasonable rules and regulations as they may deem necessary or ex-

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pedient regarding the construction of buildings, remodeling of buildings, plumbing, gas installation, and electric wiring and equipping of buildings in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the City Commission, be exercised by adoption of any standard building, electrical, gas and plumbing codes as may be deemed appropriate. The City Commission shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees for inspection and permits; and may re quire the obtaining of a permit as a condition precedent to any con struction, building, gas, electrical or plumbing work; and may enact all ordinances necessary to enforce such rules and regulations.
Section 5.24--Abatement of Nuisance. The City Commission is hereby empowered to define a nuisance in the City of Cordele and to provide for its abatement. The Judge of the Criminal Court of the City of Cordele shall have jurisdiction of all nuisance abatement proceedings therein. The City Commission may provide by ordinance for any building, structure, or condition maintained in violation of any law of this state or any ordinance of the City of Cordele, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from said city to do so. The City Commission may by ordinance provide for the issuance of an execution for the expense of abatement which shall be a lien upon the property on which such nuisance existed.

CHAPTER 6 ELECTIONS

Section 6.01--Elections. The City Commission shall exercise all powers granted to it by the Georgia Municipal Election Code, and Title 34A of the Code of Georgia of 1933, the provisions of which became effective September 1, 1968, as hereafter may be amended or modified, and shall perform all the duties imposed upon it thereby, applying to any general or special election to fill any municipal office, and to any general or special municipal primary, if any, to nominate candi dates for such office, to any election to submit a question to the people, and to any other purpose whatsoever.

CHAPTER 7 CRIMINAL COURT

Section 7.01--Creation. There is hereby established a court to be known as the Criminal Court of the City of Cordele, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for non-attendance, and to try all offenses occurring within the territorial limits of the City of Cordele including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The presiding officers of such court shall be known as the Judge of the

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Criminal Court. Said court shall be convened at such times as desig nated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

Section 7.02--Judge of the Criminal Court, (a) No person shall be qualified or eligible to serve as Judge unless he shall have attained the age of twenty-five (25) years, be a member of the State Bar of Georgia and shall have practiced law in the city for at least one year im mediately preceding his appointment and shall continue during his term of office. At the first regular meeting in January of each year the City Commission shall appoint the Judge who shall serve for a term of one (1) year and until his successor is appointed and qualified. The City Commission shall also fill any vacancy or unexpired term of such office. The compensation of the Judge shall be fixed by the City Com mission.

(b) Before entering on the duties of his office, the Judge shall take an oath before some officer duly authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partial ity. This oath shall be entered upon the minutes of the City Commis sion.

Section 7.03--Jurisdiction. The Judge of the Criminal Court shall have power to impose fines for the violation of any law or ordinance of the City of Cordele passed in accordance with this Charter, to an amount not to exceed five hundred ($500.00) dollars, to imprison offenders for a period of not more than six months, or at labor on the roads and streets, or other public works of said city for not more than six months; and the said Judge shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said Judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of two hundred fifty ($250.00) dollars or imprison ment not exceeding thirty (30) days or any combination of the two. He shall have the authority of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Cordele, which warrants may be executed by any police officer of said city, to hold committal hearings, and to commit of fenders to jail or admit them to bail in bailable cases for their ap pearance at the next term of a court of competent jurisdiction to be held in said city. Except as may be herein otherwise specified, the Judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Cordele. The Criminal Court of Cordele is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts and justice of the peace courts, and particularly such laws as authorize the abatement of nuisances.

Section 7.04--Right of Certiorari. The right of certiorari to the superior court of Crisp County shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the State.

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Section 7.05--Vacancy in Office. In the absence, sickness or dis qualification of the Judge or vacancy in such office, a Judge pro tempore appointed by the City Commission who shall have the same qualifications as set out in Section 7.02, may preside over the Criminal Court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted the Judge under this Charter and the laws of the State of Georgia. The City Commission may provide compensation of any such person so appointed.
Section 7.06----Court Costs. In all cases in the Criminal Court of the City of Cordele, the costs incurred and allowable therein shall be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State.

Section 7.07.--Rules for Court. With the approval of the City Com mission, the Judge shall have full power and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the rules of evidence applicable to the superior courts of this State shall apply in the Criminal Court of the City of Cordele. There shall be separate dockets for the trial of traffic cases and criminal matters which shall be heard at different times. A record of every gun, pistol, rifle or other deadly weapon coming into the possession of the police shall be kept, giving its complete description, make, serial number or other identification.

CHAPTER 8 EDUCATION

Section 8.10--Power to Maintain System of Public Schools. An act providing for the merger of the existing independent school system of the City of Cordele and the existing school districts of the County of Crisp lying outside the corporate limits of said City, so as to consti tute one school district or school system coextensive with the limits of said county, pursuant to the amendment to the Constitution of the State of Georgia of 1945, said amendment having been ratified at the general election held throughout said State on November 6, 1956, and ratifica tion proclaimed by the Governor of said State, no provision is contem plated for education in this Charter.

CHAPTER 9 MISCELLANEOUS PROVISIONS

Section 9.10--Official Bonds. The officers and employees of the City of Cordele, both elective and appointive shall execute such official bonds in such amounts and upon such terms and conditions as the City Commission from time to time may require.
Section 9.11--Amending Charter. Except in the particulars herein before specifically provided for the terms and provisions of this Charter may be hereinafter modified, rescinded, changed or amended by:

(a) The General Assembly of Georgia;

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(b) Any procedure authorized by the laws of Georgia as the same may now or hereafter exist.

Section 9.12--Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Cordele not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended by the City Commission. Existing rules and regulations of departments or agencies of the City of Cordele not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended.

Section 9.13--(a) The City Commission may provide for the re drawing of any such map. A redrawn map shall supersede for all pur poses the earlier map or maps which it is designated to replace.

(b) Property lying or being within the area of the above-described city limits, not incorporated therein at the time this Charter becomes effective, shall not be included therein without the consent of the owner.

Section 9.14--General Laws May Be Used. The City Commission, in its discretion may elect to use the provision of any general laws of the State in addition to or instead of the provisions of this Charter.

Section 9.15--The captions to the several sections of this Charter are informative only and are not to be considered as a part thereof.

Section 9.16--Severability. If any article, section, subsection, para graph, sentence or part thereof of the Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly ap pears that such other parts are wholly and necessarily dependent upon the other part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other.

Section 9.17--Not less than 30 nor more than 40 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Cordele to issue the call for an election for the purpose of submitting this Act to the voters of Cordele for approval or rejection. The clerk shall set the date of such election for a day not less than 10 nor more than 20 days after the date of the issuance of the call. The clerk 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 Crisp County. The ballot shall have written or printed there on the words:

"For approval of the Act providing a new Charter for the City of Cordele.

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"Against approval of the Act providing a new Charter for the City of Cordele."

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 lor approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Cordele. It shall be the duty of the city clerk and the election managers of the City of Cordele to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the city clerk 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 9.18--Effective Date. This Charter shall be effective on and after January 1, 1970, if approved in the above referendum.

Section 9.19--Specific Repealer. An Act creating a new Charter for the City of Cordele, approved August 15, 1922 (Ga. Laws 1922, p. 680), as amended, is hereby repealed in its entirety.

Section 9.20--Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted:

Messrs. Rainey and Bowen of the 47th move to amend the Committee sub stitute to HB 748 as follows:
By striking Section 1.11 in its entirety and inserting in lieu thereof a new Section 1.11, to read as follows:
"Section 1.11--City Boundaries. The boundaries of the City of Cordele are hereinafter described as follows:
Starting at the land lot corner common to Land Lots 217, 218, 199, and 200 in the 10th District of Crisp County, said point being marked by an iron pipe in the pavement at 24th Avenue, on the West side of 15th Street, said iron pipe being the POINT OF BEGINNING;
(1) Thence, N 00 03' W a distance of 4788 () feet along the lot line of Lots 217 and 200, then farther along lot lines between Lots 216 and 201 to a point where the said land lot line intersects with the South right of way of an alley between llth Avenue and 12th Ave nue;
(2) Thence, South 88 22' W a distance of 952 feet along the South side of said alley to a point marked by an iron pipe stake;

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(3) Thence, N 01 38' W a distance of 1629 feet to the North right of way of 7th Avenue;

(4) Thence, N 88 22' E a distance of 1000.7 feet along the North
right of way of 7th Avenue to the land lot line between Land Lots 216 and 202;

(5) Thence, N 00 03' W a distance of 568 () feet along said land lot line to the Southeast bank of Gum Creek;

(6) Thence, in a Northeasterly direction along the East bank of Gum Creek, a meandering line, a distance of 2600 () feet to a point on the East bank of said Creek;

(7) Thence, N 88 22' E a distance of 2485 () feet along a straight line, being the centerline of Peachtree Avenue to the West right of way of Georgia Southern and Florida Railroad, said point being marked by a concrete marker.

(8) Thence, S 01 38' E a distance of 727 feet along the West right of way of said Railroad to the intersection of the North right of way of First Avenue, (58' R/W) ;

(9) Thence, N 88 22' E a distance of 1194 feet along a straight line of the North right of way of 1st Avenue to the West right of way of 6th Street (60' R/W), said point being marked by an iron pipe stake;

(10) Thence, N 01 38' W a distance of 380 feet to the North right of way of Oak Avenue (60' R/W), said point being marked by an iron pipe stake;

(11) Thence, N 88 22' E a distance of 486 feet along a straight line of the North right of way of Oak Avenue to the West right of way of 5th Street (60' R/W), said point being marked by an iron pipe stake;

(12) Thence, N 01 38' W a distance of 380 feet to the North right of way of Oakland Avenue, said point being marked by a concrete marker;

(13) Thence, N 88 22' E a distance of 540 feet along the North right of way of said Oakland Avenue to the East right of way of 4th Street (60' R/W), said point being marked by a concrete marker;

(14) Thence, S 01 38' E a distance of 730 feet along the East right of way of said 4th Street to the North right of way of 1st Avenue, said point being marked by an iron pipe stake;

(15) Thence, N 88 22' E a distance of 401 feet along the North right of way of said 1st Avenue (58' R/W), to the West right of

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way of 3rd Street (60' R/W), said point being marked by an iron pipe stake;

(16) Thence, N 01 38' W a distance of 445 feet along the West right of way of said 3rd Street to a point marked by an iron pipe stake;

(17) Thence; N 88 22' E a distance of 170 feet to a point being marked by an iron pipe stake, also being on the West lot line of Lot 4, Block 407;

(18) Thence, S 01 38' E a distance of 275 feet along a straight line of said Lot 4, and across Oak Avenue (50' R/W) and along and between Lots 1, 2, 3, and 5 in Block 406 to the North right of way of an alley (20'), between Oak Avenue and 1st Avenue Oak % Alley, said point being marked by an iron pipe stake;

(19) Thence, N 88 22' E a distance of 200 feet along the North side of Oak % Alley (20' R/W) to a point marked by an iron pipe stake, said point being also the corner of Lots 7 and 10, Block 406;

(20) Thence, S 01 38' E a distance of 170 feet across the Alley and between Lots 11, 13, and 14, Block 406, and along a straight line to the North right of way of 1st Avenue (58' R/W), said point being marked by an iron pipe;

(21) Thence, N 88 22' E a distance of 233 feet along the North right of way of 1st Avenue to the West right of way of 2nd Street (60' R/W), to a point marked by an iron pipe stake;

(22) Thence, N 00 01' W a distance of 540 feet along the West right of way of 2nd Street (60' R/W) to the North right of way of an Alley (20'), also being at a point 200 feet North of the centerline of Oak Avenue, said point being marked by an iron pipe stake;

(23) Thence, N 88 22' E a distance of 735.6 feet along said Alley North right of way line to a point marked by a concrete marker;

(23A) Thence, S 00 04' W a distance of 265 feet to the North right of way of Starr Place (60' R/W), to a point marked by a concrete marker;

(24) Thence, S 51 27' E a distance of 600 feet along the North right of way of Starr Place to the intersection of the land lot line between Land Lots 246 on North and 247 on the South, said point being marked by an iron pipe stake;

(25) Thence, N 89 30' E a distance of 340 feet along said land lot line to a point marked by a concrete marker;

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1465

(26) Thence, S 00 05' W a distance of 512 feet along a straight line to a point marked by a concrete marker, said point on the North right of way of a 20 Foot Alley (2 l/2 Alley) ;

(27) Thence, N 88 22' E a distance of 1586 feet along the North right of way of said 2% Alley, to the East right of way of Pecan Street (60' R/W), said point being marked by an iron pipe stake, said point also being 30 feet East of the Land District Line between the 10th and llth District;

(28) Thence, S 00 37' W a distance of 1922 feet along the East right of way of Pecan Street to the North right of way of State Route 257, (100' R/W), (8th Avenue), said point being marked by an iron pipe stake;

(29) Thence, N 74 08' E a distance of 10.4 feet along the North right of way of State Route 257 to a point marked by a concrete marker;

(30) Thence, S 00 37' W a distance of 1416 feet along the East right of way of Pecan Street (80' R/W) to the intersection of the South right of way of Seaboard Coastline (SCL), Seaboard Air Line (SAL) Railroad, said point being marked by an iron pipe stake;

(31) Thence, N 85 29' W a distance of 1079 feet along the South right of way (200' R/W) of SCL RR (SAL RR) to a point, being marked by an iron pipe stake;

(32) Thence, S 00 37' W a distance of 631 feet to the North right of way of SCL RR (Atlantic Coastline Railroad) (100' R/W), said point being marked by an iron pipe stake;

(33) Thence, S 76 11' E a distance of 1066.2 feet along the North right of way of said SCL RR to the intersection of the land district line between Land Districts 10 and 11, said point being marked by an iron pipe stake;

(34) Thence, S 00 37' W a distance of 660 feet along the said land district line to the intersection of the South right of way of 15th Avenue (60' R/W);

(35) Thence, S 88 22' W a distance of 1025 feet along the South right of way of 15th Avenue to a point marked by an iron pipe stake;

(36) Thence, S 00 37' W a distance of 620 feet to the North right of way of 16% Alley, said point being marked by an iron pipe stake;

(37) Thence, S 85 38' E a distance of 14.8 feet along the North side of said 16% Alley to a point marked by an iron pipe stake, said point being on the lot corner of Lots 4, and 5, Black 454;

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(38) Thence, S 89 26' E a distance of 251 feet along 16y2 Alley to the intersection of the East right of way of Fleming Road (56' R/W), said point being marked by an iron pipe stake;

(39) Thence, S 0008' W a distance of 160 feet along the East right of way of Fleming Road to the intersection of the South right of way of 17th Avenue (58' R/W), said point being marked by an iron pipe stake;

(40) Thence, S 88 22' W a distance of 156 feet along the South right of way of 17th Avenue to a point, being marked by an iron pipe stake;

(41) Thence, S 00 08' W a distance of 161 feet to the North right of way of 17% Alley to a point;

(42) Thence, N 88 22' E a distance of 306 feet along the North right of way of 17% Alley to a point marked by an iron pipe stake;

(43) Thence, S 00 08' W a distance of 228 feet along a line between Lots 28 and 29, Block 644 in Green view Park Subdivision, and across 18th Avenue (58' R/W) to the intersection of the South right of way to a point;

(44) Thence, S 88 22' W a distance of 414 feet along the South right of way of 18th Avenue to a point;

(45) Thence, S 00 08' W a distance of 161 feet to a point, being the North right of way of 18% Alley;

(46) Thence, N 88 22' E a distance of 1007 feet along the North right of way of 18% Alley, to the intersection of the East right of way of Pecan Street, said point being marked by an iron pipe stake;

(47) Thence, S 00 37' W a distance of 174.3 feet along the East right of way of Pecan Street, to the intersection of the North right of way of 19th Avenue, said point being marked by an iron pipe stake;

(48) Thence, N 88 22' E a distance of 256.6 feet along the North right of way of 19th Avenue to a point;

(49) Thence, S 01 00' W a distance of 216.6 feet along a straight line across 19th Avenue and along a lot line between Lots 5 and 6, Block 5 (Blandvilla Resubdivision), to the intersection of said line with the South right of way of 19% Alley, to a point;

(50) Thence, S 88 22' W a distance of 465.8 feet along the South right of way of 19% Alley, to a point marked by an iron pipe stake, said point being the corner of Lots 34 and 35 of Block (B) 646 of Bland Subdivision;

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(51) Thence, S 00 37' W a distance of 127.4 feet to a point marked by an iron pipe stake, also being the North right of way of 20th Avenue;

(52) Thence, N 88 22' E a distance of 190 feet along the North right of way of 20th Avenue to a point of intersection, of the East right of way of Pecan Street;

(53) Thence, S 00 37' W a distance of 969 feet along the East right of way of Pecan Street to a point;

(54) Thence, N 89 20' W a distance of 212 feet along a line to a point marked by a concrete marker;

(55) Thence, N 00 08' E a distance of 150 feet to a point marked by a concrete marker, and at the intersection of the South right of way of 22nd Avenue, (60' R/W);

(56) Thence, S 88 22' W a distance of 362 feet along the South right of way of 22nd Avenue to a point marked by a concrete marker;

(57) Thence, S 00 08' W a distance of 136 feet to a point marked by a concrete marker;

(58) Thence, N 89 20' W a distance of 150 feet along a line to a point of intersection of the East right of way of Fleming Road (60' R/W), said point marked by a concrete marker;

(59) Thence, S 00 08' W a distance of 773 feet along a straight line to the intersection of the East right of way of Fleming Road and the North right of way of 24th Avenue for a point;

(60) Thence, N 89 46' E a distance of 131 feet along the North right of way of 24th Avenue to a point marked by an iron pipe stake;

(61) Thence, S 00 52' E a distance of 964 feet along a line to the intersection of the North right of way of 26% Alley (20' R/W), to a point marked by an iron pipe stake;

(62) Thence, N 89 41' E a distance of 555 feet along the North right of way of 26% Alley to the intersection of West right of way of Pecan Street;

(63) Thence, N 00 19' W a distance of 517 feet along the West right of way of Pecan Street to a point, marked by an iron pipe stake;

(64) Thence, S 89 41' W a distance of 419 feet along a line to a point marked by a concrete marker;

(65) Thence, N 00 19' W a distance of 100 feet along a line to a point marked by an iron pipe stake;

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(66) Thence, N 89 41' E a distance of 419 feet along a line to a point marked by an iron pipe stake;

(67) Thence, N 00 19' W a distance of 295 feet along the West right of way of Pecan Street, to the intersection of the South right of way of 24th Avenue to a point;

(68) Thence, S 89 46' W a distance of 10 feet along a line on the South right of way of 24th Avenue to a point;

(69) Thence, N 00 19' W a distance of 633 feet along the West right of way of Pecan Street to the intersection of the North right of way of Edgewood Drive, to a point marked by an iron pipe stake;

(70) Thence, N 89 30' E a distance of 52.5 feet to a point marked by a concrete marker, said point being the Southwest corner of Lot I, Block A, as shown on a plat of the Survey of Edgewood Park Sub division;

(71) Thence. N 89 30' E a distance of 517 feet farther along a straight line along the North right of way of Edgewood Drive, said point being marked by a concrete marker;

(72) Thence, Left or Northeasterly 53.13 feet along a 73' radius of said right of way to a point;

(73) Thence, Right around a 30.24 feet radius, a distance of 96.8 feet, of said right of way to a point, said point being marked by an iron pipe stake, said point also being the Southwest lot corner of Lot 10, Block A, of Edgewood Park Subdivision;

(74) Thence, N 89 30' E a distance of 145.7 feet along said South Lot line of Lot 10, Block A to a point marked by an iron pipe stake;

(75) Thence, N 00 30' W a distance of 195 feet to a point being marked by an iron pipe stake, said point being the Northeast corner of Lot 9, Block A and NE corner of said subdivision;

(76) Thence, N 89 51' E a distance of 132 feet along a line to a point marked by an iron pipe stake;

(77) Thence, N 00 09' W a distance of 1036 feet along a line to a point marked by a concrete marker, said stake being at the intersec tion of the North right of way of 20th Avenue and the Northwest corner of Highland Heights Subdivision and the Southwest corner of Highland
Terrace Subdivision;

(78) Thence, S 66 19' E a distance of 642 feet along the North right of way of 20th Avenue and the South property line of Highland Terrace Subdivision to a point marked by an iron pipe stake;

FRIDAY, MARCH 7, 1969

1469

(79) Thence, S 88 58' E a distance of 160 feet along a line of the North right of way of 20th Avenue to a point;

(80) Thence, S 00 13' E a distance of 48.0 feet to a concrete marker, marking the Northeast corner of Highland Heights Subdivi-

(81) Thence, S 00 13' E a distance of 1436 feet farther along a straight line of the East property line of said subdivision, to a point of intersection of the North right of way of 24th Avenue, said point marked by an iron pipe stake;
(82) Thence, N 89 45' E a distance of 1280.6 feet along the North right of way of 24th Avenue to the intersection of West right of way of Greer Street, said point marked by an iron pipe stake, also the centerline of Greer Street being a land lot line between Land Lots 10 and 23 in the llth District, said Greer Street, having a (60' R/W) ;
(83) Thence, N 00 19' W a distance of 2613 feet along the West right of way of Greer Street, to a point marked by an iron pipe stake, said point being 430 feet North of the centerline of State Route 30 and 90, (US 280, 16th Avenue) at 90 to the said centerline;
(84) Thence, S 78 13' E a distance of 2666 feet along a straight line to a point marked by an iron pipe stake, said point being 430 feet North of the centerline of SR 30 & 90 measured at 90 to the said centerline, also said point being 450 feet West of the centerline of the Midway Road measured at 90 to said centerline;
(85) Thence, N 00 75' E a distance of 2106 feet along a line par allel to the centerline of Midway Road and 450 feet West thereof to a point of intersection of the North right of way of 13th Avenue (80' R/W), said point being marked by an iron pipe stake;
(86) Thence, S 84 46' E a distance of 401 feet along the North right of way of 13th Avenue (80' R/W) to the intersection of the West right of way of Midway Road (100' R/W), said point being marked by an iron pipe stake;
(87) Thence, N 00 57' E a distance of 205.1 feet along the West right of way of Midway Road, to the intersection of the land lot line between Land Lots 24 and 25 in the llth District, said point marked by an iron pipe stake;
(88) Thence, S 89 25' E a distance of 50.0 feet to the centerline of Midway Road, said point being marked by a 9" spike in the pave ment, said spike marking the corner of Land Lots 24, 25, 40, and 41 in the llth Land District, Crisp County, Georgia;
(89) Thence, S 89 25' E a distance of 1458 feet along the land lot line between Land Lots 40 and 41, to a point marked by an iron pipe stake, said point being on West Property Line of the Industrial Park;

1470

JOURNAL OP THE HOUSE,

(90) Thence, N 02 15' E a distance of 306.8 feet along a line to the centerline of the SCL RR (SAL RR) to a point;

(91) Thence, N 02 02' E a distance of 630 feet along a line to a point marked by an iron pipe stake, said point being the Southeast corner of Farmville Manufacturing Company, Inc.;

(92) Thence, N 87 50' W a distance of 361.3 to a point marked by an iron pipe stake;

(93) Thence, N 01 43' E a distance of 484.0 feet to the intersec tion of the North right of way of 9th Avenue (100' R/W) to a point;

(94) Thence, S 89 39' E a distance of 1110.3 feet along the North right of way of 9th Avenue, to the intersection of the East right of way of Harris Street (100' R/W) to a point;

(95) Thence, S 02 02' W a distance of 50.0 feet along the East right of way of Harris Street, to a point marked by an iron pipe stake, being on the property line between the Industrial Park and C. C. Greer;

(96) Thence, S 89 39' E a distance of 750 feet along a straight line to a point marked by an iron pipe stake, said point being the Northeast corner of the Industrial Park and on the land lot line between Land Lots 40 and 57;

(97) Thence, S 00 11' W a distance of 2949 feet along said land lot line to the Southeast corner of the Industrial Park, to a point marked by an iron pipe stake, said point being on the land lot line between Land Lots 41 and 56 in the llth Land District;

(98) Thence, S 88 11' W a distance of 2152 feet along the South Property Line of the Industrial Park, to a point marked by an iron pipe stake;

(99) Thence, S 00 05' W a distance of 564 feet along a line to a point marked by an iron pipe stake, said point being 50.0 feet North of the centerline of the SCL RR (ACL RR), and the Southeast corner of the Industrial Park;

(100) Thence, N 75 10' W a distance of 743 feet along the North right of way line of the SCL RR to the intersection of the East right of way of Midway Road (100' R/W), to a point marked by an iron pipe stake;

(101) Thence, S 00 57' W a distance of 952 feet along the East right of way of Midway Road to the intersection of the North right of way of State Route 30 and 90 (US 280), to a point marked by a concrete R/W marker;

FRIDAY, MARCH 7, 1969

1471

(102) Thence, S 78 06' E a distance of 16.5 feet to a point marked by a concrete R/W marker;

(103 Thence, S 00 57' W a distance of 1970 feet along the East right of way of State Route 90 (130' R/W), to a point marked by a concrete marker, said point being 350 feet South of the centerline of 24th Avenue;

(104) Thence, S 89 45' W a distance of 3133 feet along a straight line 350' South of the centerline of 24th Avenue, to the intersection of the East right of way of Greer Street (80' R/W), said point being marked by an iron pipe stake;

(105) Thence, S 00 19' E a distance of 920 feet along the East right of way of Greer Street to the intersection of the South right of way at Osburn Avenue (60' R/W), said point being marked by an iron pipe stake;

(106) Thence, N 89 48' W a distance of 2954 feet along the South right of way of Ogburn Avenue (60' R/W), to the intersection of the East right of way of Pecan Street, said point being marked by an iron pipe stake, and also being 30 feet East of the Land District line;

(107) Thence, S 00 26' W a distance of 643.2 feet along the East right of way of Pecan Street to a point of intersection of the South right of way of 24th Avenue (60' R/W), said point being marked by an iron pipe stake;

(108) Thence, N 88 43' W a distance of 1513 feet along the South right of way of 29th Avenue to a point marked by an iron pipe stake;

(109) Thence, N 01 23' E a distance of 380 feet along a straight line to the intersection of the South right of way of 28th Avenue (60' R/W), said point being marked by an iron pipe stake;

(110) Thence, N 88 43' W a distance of 785.5 feet along the South right of way of 28th Avenue (60' R/W), to the intersection of the East right of way of 1st Street, said point being marked by an iron pipe stake;

(111) Thence, S 00 44' W a distance of 20.0 feet along the East right of way of 1st Street to a point marked by an iron pipe stake;

(112) Thence, N 88 43' W a distance of 1078 feet farther along the South right of way of 28th Avenue (60' R/W), to the intersec tion of the West right of way of Offenburg Road (25' R/W), said point being marked by an iron pipe stake;

(113) Thence, N 69 45' W a distance of 625.6 feet along the West right of way of Offenburg Road, to the intersection of the South right of way of 26% Alley, said point being marked by an iron pipe stake;

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JOURNAL OF THE HOUSE,

(114) Thence, N 88 43' W a distance of 84.4 feet along the South, side of 26% Alley to a point marked by an iron pipe stake;

(115) Thence, S 01 00' E a distance of 150.1 feet along a lot line between Lots 27 and 28 in Block 633, to a point marked by an iron pipe stake;

(116) Thence, N 88 43' W a distance of 100 feet along the North right of way of 27th Avenue, to a point marked by an iron pipe stake;

(117) Thence, N 01 00' W a distance of 150.1 feet along a lot line between Lots 29 and 30, Block 633 to the South side of 26% Alley, said point being marked by an iron pipe stake;

(118) Thence, N 88 43' W a distance of 564 feet along a straight line to the centerline of the GS & F RR to a point;

(119) Thence, N 17 12' W a distance of 22.05 feet along the cen terline of the said railroad to a point;

(120) Thence, S 89 02' W a distance of 419 feet along a straight line to the East right of way of 6th Street, said point being marked by a concrete marker;

(121) Thence, S 00 58' E a distance of 300.5 feet along the East right of way of 6th Street to the intersection of the South right of way of 27th Avenue, said point being marked by a concrete marker;

(122) Thence, N 89 13' W a distance of 450 feet along the South right of way of 27th Avenue (50' R/W), to the intersection of the East right of way of 7th Street, (60' R/W), State Route &E, (US 41), said point being marked by a concrete marker;

(123) Thence, S 00 58' E a distance of 267.3 feet along the East right of way of 7th Street to a point marked by a concrete marker;

(124) Thence, N 88 55' W a distance of 268.4 feet along a straight line to a point of intersection of 8th Street, said point being marked by an iron pipe stake;

(125) Thence, N 02 26' W a disance of 567.3 feet along the West right of way of 8th Street to a point, marked by an iron pipe stake;

(126) Thence, S 8902' W a distance of 872 feet along a straight line to the intersection with the East right of way of 10th Street, said point being marked by a concrete marker;

(127) Thence, N 00 58' W a distance of 934 feet along the East right of way of 10th Street, to the intersects with the South right of way of 24th Avenue, said point being marked by a concrete marker;

FRIDAY, MARCH 7, 1969

1473

(128) Thence, N 89 07' W a distance of 520 feet along the South right of way of new 24th Avenue (60' R/W), to the intersection of the centerline of llth Street, (SR 7W, US 41 Truck Route) to a point;

(129) Thence, N 87 05' W a distance of 923 feet along the South right of way of 24th Avenue to a point, being the point of a curve to the left;

(130) Thence, Westerly a distance of 842 feet along the South right of way of 24th Avenue, to a point, being the point of tangent;

(131) Thence, S 87 52' W a distance of 122 feet along the South right of way of 24th Avenue to a point, being marked by a concrete marker;

(132) Thence, S 00 58' E a distance of 185 feet along line to a point, being marked by an iron pipe stake;

(133) Thence, N 89 11' W a distance of 299 feet along a line to a point marked by an iron pipe stake, said point being of the land lot line between Land Lots 199 and 218;

(134) Thence, S 02 22' W a distance of 499 feet along the land lot line between Land Lots 199 and 218, to a point marked by a concrete marker, said marker being the Southeast corner of the School Property;

(135) Thence, N 89 53' W a distance of 1044.8 feet along the South Property line of the school to a point marked by a concrete marker;

(136) Thence, N 01 27' E a distance of 712.9 feet along the West Property line of the school, to the intersection of the North right of way of 24th Avenue (60' R/W), to a point marked by a concrete marker;

(137) Thence, Easterly a distance of 913 feet along the curved North right of way of 24th Avenue to a point;

(138) Thence, N 87 52' E a distance of 134 feet along the North right of way of 24th Avenue, to a point marked by an iron pipe stake, said point being on the land lot line between Land Lots 200 and 217;

(139) Thence, S 00 03' E a distance of 32.48 feet along said lot line to the Southeast corner of Land Lot 200, said point being marked by an iron pipe stake and being the POINT OF BEGINNING."

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.

1474

JOURNAL OF THE HOUSE,

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 752. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chat tahoochee County on a salary basis, as amended, so as to change the compensation of the sheriff; 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 of Chattahoochee County on a salary basis in lieu of a fee basis, approved March 1, 1965 (Ga. Laws 1965, p. 2107), as amended by an Act approved March 1, 1966 (Ga. Laws 1966, p. 2805), and an Act approved April 4, 1967 (Ga. Laws 1967, p. 2532), so as to change the provisions relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, approved March 1, 1965 (Ga. Laws 1965. p. 2107), as amended by an Act approved March 1, 1966 (Ga. Laws 1966. p. 2805), and an Act approved April 4, 1967 (Ga. Laws 1967, p. 2532), is hereby amended by striking Section 2 in its entirety and insert ing in lieu thereof a new Section 2, to read as follows:
"Section 2. The sheriff of Chattahoochee County shall receive an annual salary of $6,000.00 per annum, payable in equal monthly install ments from the funds of Chattahoochee County. The sheriff of Chatta hoochee County shall furnish his own automobile, and he shall be respon sible for the cost of operating and maintaining said vehicle out of the salary paid to him by Chattahoochee County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

FRIDAY, MARCH 7, 1969

1475

On the passage of the Bill, by substitute, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 617. By Messrs. Bostick and Pallin of the 63rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tifton, as amended, so as to extend the corporate limits of the City of Tifton; to provide for a referendum; to provide for an effec tive date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 645. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to be entitled an Act to incorporate the City of Cohutta, Georgia, in the County of Whitfield; to provide the procedures connected with the foregoing; to provide for a referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 762. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act 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 system of compensation, as amended, so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; and for other purposes.

1476

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 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 763. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act providing for the election and salary of the treasurer of Henry County, as amended, so as to change the salary of the treasurer of Henry County; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 764. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for Henry County, as amended, so as to change the com pensation of the members of the board of county commissioners; to pro vide for a travel expense allowance for each member of the board of county commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 765. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to change the terms of the superior court of Henry County; and for other purposes.

FRIDAY, MARCH 7, 1969

1477

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 770. By Mr. Jordan of the 55th: A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas approved December 20, 1899, as amended, so as to pro vide that the city manager of the City of Douglas shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 771. By Mr. Jordan of the 55th: 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 Coffee approved March 26, 1937, as amended, so as to provide that the Board of Commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 774. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act creating a new Charter for

1478

JOURNAL OP THE HOUSE,

the City of Alma, so as to remove certain provisions in the title of said Act relating to the limitations on taxation; to provide for the levy and collection of taxes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 776. By Mr. Jones of the 59th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County upon an annual salary, as amended, so as to authorize the governing authority of Mclntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 777. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Mclntosh County, so as to change the compensation of the commissioners of Mclntosh County; to provide an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 7, 1969

1479

HB 778. By Mr. Jones of the 59th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Mclntosh County, known as the fee system; to provide in lieu thereof an annual salary, to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to repeal an Act providing a supplemental salary for the ordinary; to pro vide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 779. By Mr. Jones of the 59th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, so as to provide for a Mayor and four 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 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 788. By Messrs. Cato and Conger of the 68th:

;.

A Bill to be entitled an Act creating arid establishing a Small Claims

Court for Seminole County, Georgia; to provide for an effective date;

to provide for a referendum; and for other purposes.

:

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.

1480

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 790. By Messrs. Dodson of the 82nd, Evans, Knapp, Keen, Scarborough and Pinkston of the 81st, Grahl of the 40th, Nunn and Peterson of the 41st:
A Bill to be entitled an Act to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; to pro vide for an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 792. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, the sheriff, ordinary and tax commissioner of Crisp County from the fee system to an annual salary, so as to change the compensation which the deputy clerk may receive; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 793. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Albany, as amended, so as to change and extend the corpo rate limits of said City and the wards therein; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 7, 1969

1481

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 794. By Messrs. Anderson and Holder of the 49th :
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Bleckley County, as amended, so as to increase the compen sation of the commissioner; to provide for a clerk; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 795. By Messrs. Anderson and Holder of the 49th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, 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 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

1482

JOURNAL OF THE HOUSE,

HR 128-341. By Mr. Paris of the 14th:
A Resolution authorizing the Governor, on behalf of the State of Georgia, to convey to Plantation Pipe Line Company, an easement lor right-ofway purposes for a petroleum products pipeline or pipelines across cer tain lands of Fort Yargo State Park in Barrow County, and for other purposes.

HR 222-603. By Messrs. Ware of the 30th, Floyd of the 7th, Gignilliat of the 89th, Dean of the 19th and others:
A Resolution authorizing the placing of a "Flame of Freedom" on the grounds of the State Capitol by The American Legion, Department of Georgia, in commemoration of the 50th anniversary of The American Legion; and for other purposes.

The Senate has passed as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 572. By Mr. Connell of the 79th:
A Bill to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

SB 156. By Senator Holley of the 22nd:
A Bill to amend Code Section 109A-4-212, relating to rights of chargebacks or refunds by banks, so as to provide that intermediary or payor banks may return unpaid items directly to and send for collection drafts on depository banks and obtain reimbursement; and for other purposes.

SB 180. By Senators Bateman of the 27th, Garrard of the 37th, London of the 50th and Adams of the 26th:
A Bill to amend an Act relating to the exemption of property from taxa tion, approved Jan. 31, 1946, as amended, so as to exempt from taxation certain apartment projects which are owned by religious groups; and for other purposes.

HB 413. By Messrs. Jones of the 59th and Caldwell of the 39th: A Bill relating to credit transactions and the creation of debt pursuant

FRIDAY, MARCH 7, 1969

1483

to a lender credit card arrangement and constituting the Lender Credit Card Act; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others:
A Resolution designating "Georgia Author's Week" and for other purposes.

The following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st, and others:
A Resolution designating "Georgia Authors' Week"; and for other purposes.
Referred to the Committee on Industry.

SB 156. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 109A-4-212, relating to rights of charge-backs or refunds by banks, so as to provide that inter mediary or payor banks may return unpaid items directly to and send for collection drafts on depository banks and obtain reimbursement; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 180. By Senators Bateman of the 27th, Garrard of the 37th, London of the 50th and Adams of the 26th:
A Bill to be entitled an Act to amend an Act relating to the exemption of property from taxation, so as to exempt from taxation certain apart ment projects which are owned by religious groups; and for other purposes.
Referred to the Committee on Ways and (Means.

The following Resolution of the House was read and adopted:

1484

JOURNAL OF THE HOUSE,

HR 275. By Messrs. Smith of the 43rd, Barber of the 15th, Clarke of the 33rd and Mrs. Merritt of the 46th:

A RESOLUTION
Wishing a speedy recovery for Mrs. Grace T. Hamilton; and for other purposes.
WHEREAS, our distinguished colleague from the 112th District, Mrs. Grace T. Hamilton, has suffered a serious illness and is now in the hospital under intensive care; and
WHEREAS, during the time Mrs. Hamilton has been a member of the House of Representatives she has become one of its most respected and popular membesr; and
WHEREAS, her wise counsel and dedication to the improvement of education in our State have been of particular value to the members of the House in their consideration of proposed legislation affecting the public schools of our State; and
WHEREAS, she has served with great distinction as a member of the Education Committee and as Chairman of the Common Schools Sub committee thereof and as a member of the Hygiene and Sanitation Com mittee; and
WHEREAS, she will be particularly missed by all members of the General Assembly during her illness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincere regret that Mrs. Grace T. Hamilton has suffered a serious illness and wish her a speedy and complete recovery.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy of this Resolution to Mrs. Grace T. Hamilton, Representative, 112th District.

The following Resolutions of the House were read and referred to the committees:

HR 280. By Messrs. Wamble of the 69th and Matthews of the 63rd:
A RESOLUTION Requesting the Georgia Congressional delegation to support HR No. 2500; and for other purposes.

FRIDAY, MARCH 7, 1969

1485

WHEREAS, Honorable Matson O'Neal, United States Representa tive, Georgia Second District, has introduced HR No. 2500 in the NinetyFirst Congress, which is a much needed amendment to the 1964 Red Meat Import Quota Act; and

WHEREAS, HR No. 2500 will not only eliminate loopholes in the 1964 Act, but will also include pork as a product to be included in the protective quotas in addition to beef, mutton, and veal; and

WHEREAS, pork is an important part of the Georgia agricultural economy and domestic hog prices are equally vulnerable to excessive meat imports.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional delegation is hereby requested to support HR No. 2500.

BE IT FURTHER RESOLVED that this Resolution be immediately submitted by the Clerk of the House of Representatives to each member of the Georgia Congressional delegation.
Referred to the Committee on Agriculture.

HR 281. By Messrs. Sorrells of the 24th and Pinkston of the 81st:
A RESOLUTION
Authorizing the standing Special Judiciary Committee to study leg islation and proposed legislation relating to consumer credit; and for other purposes.
WHEREAS, HB 16 and SB 18, relating to consumer credit, were both introduced at the beginning of the 1969 Session of the General Assembly; and
WHEREAS, because of the extensive changes in the laws relating to consumer credit, SB 18 has been recommitted for further study and HB 16 has been redrafted as i Georgia Truth In Lending bill; and
WHEREAS, consumer credit is an area in which a great deal of study needs to be done.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby authorize the standing Special Judiciary Committee of the House of Representatives to function during the 1969 interim for the purpose of conducting a thorough study of SB 18, the Uniform Consumer Credit Code recommended by the Na tional Conference of Commissioners on Uniform State Laws, the Federal Consumer Credit Protection Act and the lavs of other states relating to consumer credit. The committee may conouct such meetings at such places and at such times as it may deem Jecessary or convenient to

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enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The mem bers of the committee shall receive the allowances authorized for legis lative members of interim legislative committees. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly of Georgia.
Referred to the Committee on Special Judiciary.

HR 282. By Mr. Hill of the 97th:
A RESOLUTION
Creating the Metropolitan Airport Council Study Committee; and for other purposes.
WHEREAS, airport planning and construction in the United States is increasing at a rapid rate; and
WHEREAS, approximately a dozen cities in the United States are presently planning or constructing international airports; and
WHEREAS, there is a need for a Metropolitan Airport Council in the metropolitan Atlanta area to plan for the future construction of an international airport in the Atlanta area as well as the future construc tion of several general aviation airports.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Metropolitan Airport Council Study Committee to study the feasibility of establishing a Metropolitan Airport Council in any county or municipality having a population of 500,000 or more according to the United States decennial census of 1960 or any such future census. The committee shall be com posed of 5 members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to continue the study of a similar legislative committee which functioned during 1968. The committee shall also be authorized to study all other matters relating to tie establishment of a Metropolitan Airport Council. The committee is further authorized to conduct 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 com mittee shall receive th allowances authorized for legislative members of interim legislative committee, but shall receive the same for not more than 20 days. The ftnds necessary to carry out the provisions of this resolution shall conw from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings anc recommendations, which report shall be accompanied

FRIDAY, MARCH 7, 1969

1487

by such proposed legislation as may be recommended by the committee, to the 1970 session of the General Assembly of Georgia.
Referred to the Committee on Industry.

HR 283. By Messrs. Sims of the 106th and Chandler of the 34th:
A RESOLUTION
Relative to the use of station wagons by the Georgia State Patrol; and for other purposes.
WHEREAS, the availability of emergency ambulance service throughout this State is dwindling at an alarming rate; and
WHEREAS, it is increasingly difficult for persons injured upon the highways of this State to receive prompt and speedy transportation to needed emergency medical services; and
WHEREAS, in many instances, prompt and efficient emergency medical services would dramatically reduce the death rate experienced through motor vehicle accidents and reduce the severity of injuries; and
WHEREAS, if feasible, the use of station wagons by members of the Georgia State Patrol in lieu of the present passenger automobile vehicles could provide an effective means of transporting injured motor ists to emergency medical services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request that the standing Motor Vehicle Committee of the House of Representatives undertake an exhaustive study into the feasibility of the use of station wagons by the members of the Uniform Division of the State Patrol as a possible solution to the critical problem of providing rapid and efficient medical services to persons injured as a result of highway traffic accidents.
Referred to the Committee on State Institutions and Property.

HR 284. By Messrs. Sims of the 106th and Chandler of the 34th:
A RESOLUTION
Relative to the installation of additional blinking light equipment on new motor vehicles; and for other purposes.
WHEREAS, with the increasing use of modern highway systems within this State, motor vehicles are traveling at higher rates of speed and in much close proximity than ever before; and

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WHEREAS, under the present braking and warning systems em ployed in motor vehicles, a warning is given to the trailing motorist only when the brakes of a motor vehicle are applied; and

WHEREAS, due to the denser traffic patterns, the deceleration of motor vehicles, by simply removing the operator's foot from the accelera tor, causes many dangerous situations to arise whereby the trailing motorist, in many instances, is not warned of the decrease in the speed of the motor vehicle immediately in front of him until it is too late to avoid a potential dangerous situation; and

WHEREAS, a possible solution to this traffic hazard would be the installation on new motor vehicles of the necessary devices so that the brake lights of motor vehicles would warn a trailing motorist when the operator of the motor vehicle to his immediate front lifts his foot from the accelerator.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body requests the standing Motor Vehicle Committee of the House of Representatives to undertake an exhaustive study of the advisability of installing such devices upon all new motor vehicles, and if their study should result in a recommenda tion for the installation of such devices, that the appropropriate rec ommendation be made to the Department of Transportation that all new vehicles be equipped with such devices.
Referred to the Committee on Motor Vehicles.

HR 285. By Messrs. Hale of the 1st, Harris of the 77th and Johnson of the 29th:
A RESOLUTION
Requesting the State Revenue Commissioner to undertake a pro gram of assistance for cities and counties with respect to the ad valorem taxation of mobile homes.
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
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 to place all taxable property on the tax digest; and
WHEREAS the State Revenue Commissioner has a complete record of all mobile homes in Georgia as a part of the Motor Vehicle Title files.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Revenue Commissioner give his assistance to local tax officials and furnish such officials with an-

FRIDAY, MARCH 7, 1969

1489

nual reports as to the ownership, location and value of mobile homes located in Georgia.
Referred to the Committee on Ways and Means.

HR 286. By Messrs. Dorminy of the 48th and Edwards of the 45th:
A RESOLUTION
Creating an interim committee to study all matters relating to the regulation of water well drillers; and for other purposes.
WHEREAS, the Water Well Drillers Study Committee submitted a report to the 1969 Session of the General Assembly recommending that the matter of the regulation of water well drillers be given further study; and
WHEREAS, said Committee heard testimony from water well drillers throughout the State of Georgia who indicated that they will prepare a proposal for consideration by the General Assembly at the 1970 Session; and
WHEREAS, a committee should be created to receive the proposal from the water well drillers and study same.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee to study all matters relating to the regulation of water well drillers and to receive a proposal from the Water Well Drillers Association concern ing the regulation of said business. Said committee shall be composed of seven members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House in appointing said members shall give consideration to having the principal geological areas of the State represented on the committee.
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 1970 Session.
Referred to Committee on Natural Resources.

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HR 287. By Mr. Lewis of the 37th:

A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the Rules of the House of Representatives be amended as follows:
By striking the last sentence of Rule 193 which reads as follows:
"When the electric roll-call system is used, this rule shall not be applicable.",
and inserting in lieu thereof the following sentence:
"This rule shall be applicable when the electric roll-call system is used.",
so that when so amended, Rule 193 shall read as follows:
"Rule 193. On the call of the yeas and nays, the Clerk shall read the names of the members after they have been called, and no member shall be permitted to change his vote, unless he at that time declares that he voted under a mistake of the question. This rule shall be applicable when the electric roll-call system is used."
By striking the quoted question of the third paragraph of Rule 201 which reads as follows:
"Does any member desire to change his vote before the ma chine is locked?",
and inserting in lieu the following:
"Does any member wish to declare that he voted under a mis take of the question and change his vote before the machine is locked?",
so that when so amended the third paragraph of Rule 201 shall read as follows:
"When sufficient time has elapsed for each member to vote, the Speaker shall ask: 'Have all members voted?', and after a short pause ask: 'Does any member wish to declare that he voted under a mistake of the question and change his vote before the machine is locked?'" Referred to Committee on Rules.

FRIDAY, MARCH 7, 1969

1491

HR 288. By Messrs. Dean of the 76th, Hood of the 99th, Ezzard of the 102nd, Shepherd of the 107th, Jordan of the 74th, Harrington of the 34th, Phillips of the 38th and Hill of the 94th:

A RESOLUTION

Requesting the Georgia Congressional Delegation to initiate federal legislation to provide certain funds for aid to families with dependent children; and for other purposes.

WHEREAS, federal funds for aid to families with dependent chil dren will be greatly decreased on July 1, 1969, pursuant to a 1967 amendment to the Social Security Law, and

WHEREAS, such decrease in federal funds will result in a severe hardship to Georgia's poor children.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional Delegation is hereby requested to initiate the proper legislation for restoring federal funds for aid to families with dependent children.

BE IT FURTHER RESOLVED that a copy of this resolution be immediately transmitted by the Clerk of the House to each member of the Georgia Congressional Delegation.
Referred to Committee on Welfare.

HR 289. By Messrs. Collins of the 62nd, McDaniell of the 117th, Johnson of the 29th, Anderson of the 49th, Harris of the 10th and many others:
A RESOLUTION
Relative to adequate parking facilities at the State Capitol complex; and for other purposes.
WHEREAS, during the sessions of the General Assembly, there is a critical shortage of parkingg facilities readily available to the State Capitol complex to members of the General Assembly and their con stituents; and
WHEREAS, it is imperative that access to the deliberations of the General Assembly be made readily available to all persons wishing to avail themselves of the privilege of observing the legislative process.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Parking Facilities Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. The Committee shall make an inventory of available parking facilities ad jacent to the State Capitol complex and shall make a thorough and ex-

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haustive study into the advisability of providing and procuring addi tional parking facilities for said complex. The Committee shall be au thorized to meet not in excess of ten days. The members of the Com mittee shall receive the per diem, allowances and compensation au thorized for legislative members of interim study committees. The Com mittee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished.
Referred to the Committee on State Institutions and Property.

HR 290. By Messrs. Hudson of the 48th, Rainey of the 47th, Rush of the 51st and Smith of the 3rd:
A RESOLUTION
Creating the Water Pollution Study Committee; and for other purposes.
WHEREAS, the rivers and lakes of this State have served the citizens of Georgia since the beginning of the State as sources of fishing, boating, swimming, and other recreational pursuits; and
WHEREAS, the fish in said rivers and lakes have been a source of food down through the years; and
WHEREAS, due to the dumping of untreated sewage and industrial waste in the rivers and lakes of Georgia, many rivers and lakes have become unsuitable for fishing, boating, swimming, and other recreational pursuits; and the citizens of Georgia are demanding that steps be taken to stop the pollution of our rivers and lakes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Water Pollution Study Committee to be composed of seven members of the House to be appointed by the Speaker. The members shall study the problems relative to the pollution of the rivers and lakes of this State and re lated matters. The Committee shall seek the advice of experts in the field of pollution control, and may hold public hearings if it deems such hearings advisable. The members of the Committee shall receive the al lowances authorized for legislative members of legislative interim com mittees, but shall receive the same for not more than 10 days. The funds necessary to effectuate the provisions of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before December 1, 1969, on which date the Committee shall stand abolished.
Referred to the Committee on Hygiene and Sanitation.

The following resolutions of the House were read and adopted:

FRIDAY, MARCH 7, 1969

1493

HR 279. By Messrs. Harris, Farrar, Levitas and Thomason of the 77th:

A RESOLUTION

Commending the 1968-69 Decatur High School Basketball Team, its Head Coach, its Assistant Coach, its Student Managers and Trainer; and for other purposes.

WHEREAS, the Decatur High School Basketball Team successfully completed its regular 1968-69 season with a record of 15 wins and 4 losses; and

WHEREAS, thereafter the Decatur High School Basketball Team won the 8-AAA Region Tournament by posting victories as follows: Decatur 67--Chamblee 46, Decatur 59--Druid Hills 47, Decatur 75-- Lakeside 63, thus becoming the Region 8-AAA Champions; and

WHEREAS, the members of the Decatur High School Basketball Team distinguished themselves by their ability, spirit and performance on the court in achieving this enviable record; and

WHEREAS, the members of this outstanding team are: Eddie Carter, John Gopher, Rufus Favors, Tommy Hill, Doug Jarboe (Captain), Phil Legg, Tommy Lewis, Jerry McNeal, Tommy Pitts, Willie Puckett, Leroy Pullum, Lee Robinson, Harvey Scales, Jimmy Sims, Steve Swain and Cornell Walker; and its student managers are: Robbie Fraker, Jimmy Hamilton, John Hise, Butch Hopkins, Ray Peek and Jimmy Rogers; and its trainer is Bo Burke.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES of the GENERAL ASSEMBLY OF GEORGIA does hereby extend its heartiest congratulations to each and every member of the 1968-69 Decatur High School Basketball Team, to its Head Coach, Roger Kaiser, to its Assistant Coach, Bob Reinhart, and to the entire Student Body.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to each member of the Basketball Team, to each student manager, to the trainer, to each Coach and to the Principal of Decatur High School.

HR 291. By Mr. Wamble of the 69th:
A RESOLUTION
Commending Harry A. Singletary; and for other purposes.
WHEREAS, Harry Singletary is a very active member of the Midway Baptist Church of Grady County; and
WHEREAS, he is a real dirt farmer, living on and operating his own farm; and

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WHEREAS, Harry Singletary is dedicated to Grady County's ag ricultural progress well beyond the usual call of duty; and

WHEREAS, he has many active affiliations for the promotion of the county's agricultural progress, and, in particular, as a member of the Georgia Sweet Potato Commodity Commission and the Grady County Farm Bureau and as a director of Region Nine of the Georgia Associa tion of Agricultural Fairs; and

WHEREAS, Harry Singletary has been named the "Man of the Year" in Grady County for the year 1968; and

WHEREAS, he was selected for this distinguished honor by Grady County's five civic clubs.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Harry A. Singletary for his dedicated service to the agricultural progress of his county and State and for the many out standing contributions which this distinguished Georgian has made to his county and State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Honorable Harry A. Singletary.

HR 292. By Mr. Lewis of the 37th:
A RESOLUTION
Commending the Georgia Field Trial Association; and for other purposes.
WHEREAS, the Georgia Field Trial Association was founded No vember 25, 1903, with the basic premise that the Association would test the field qualities of bird dogs and would advance sports which use guns and dogs; and
WHEREAS, the Association held its first field trial on the Elmo Plantation, three miles from Waynesboro, January 20, 1903; and
WHEREAS, the Association tests the ability of the dog, and not the marksmanship of its master; and
WHEREAS, because of the Association's magnificent contributions to the sporting world over the years, the City of Waynesboro has achieved national fame and recognition as the Bird Dog Capital of the World, and
WHEREAS, the Association began its existence with $196.72, and now is the richest such association in the nation; and

FRIDAY, MARCH 7, 1969

1495

WHEREAS, the advancement of the Association can be attributed to the marvelous leadership of its president, the Honorable Henry Berol, Waynesboro.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Georgia Field Trial Association and its president, the Honorable Henry Berol, for contributing so greatly to the world of sports and for giving the City of Waynesboro national prominence.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Honorable Henry Berol, Waynesboro.

HR 293. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A RESOLUTION
Commending Honorable A. S. Furcron, Director, Department of Mines, Mining and Geology; and for other purposes.
WHEREAS, Dr. A. S. Furcron has notified the Governor of his in tention to retire as Director of the Department of Mines, Mining and Geology, effective July 1, 1969; and
WHEREAS, Dr. Furcron has been associated with the Department of Mines, Mining and Geology as Assistant State Geologist, Chief Geolo gist, Acting Director and Director from August, 1937, to the present time; and
WHEREAS, Dr. Furcron received his B.A. and M.A. degrees at the University of Virginia and received his Ph.D. degree at the Uni versity of Iowa; and
WHEREAS, Dr. Furcron has been active in civic and political af fairs in his community and the State of Georgia; and
WHEREAS, he is a member of the American Association for the Advancement of Science, a Fellow in the Geological Society of America; a member of the Society of Economic Geologists; a member of the Southeastern Geological Society; a member of the American Institute of Professional Geologists; a member and Past President of the Georgia Mineral Society; a Fellow and Past President of the Georgia Academy of Science, a member of the Georgia Geological Society, an associate member of the Research Committee of the Interstate Oil Compact Com mission; a member of Who's Who in America; a member of American Men of Science; and a member of other local Georgia, North Carolina and Tennessee geological societies; and
WHEREAS, his fraternal affiliations are Sigma Xi, Gamma Alpha, Sigma Alpha Epsilon, and the Atlanta Burns Club; and

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WHEREAS, he has been the author of numerous publications, re ports and bulletins for Virginia and Georgia Surveys on geology and mineralogy; and

WHEREAS, the talents and experience of Dr. Furcron should be available to future Directors of the Department of Mines, Mining and Geology.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their sincerest appreciation to Dr. A. S. Furcron for his many years of service and devotion to duty and extend to him their sincerest best wishes in all his future endeavors.

BE IT FURTHER RESOLVED that as a token of their esteem, the title of "Honorary State Geologist and Director" of the Department of Mines, Mining and Geology of the State of Georgia is hereby bestowed upon Dr. A. S. Furcron, and the future Directors of the Department of Mines, Mining and Geology are hereby authorized to seek his valuable assistance and knowledge in the performance of their duties and services to the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to enter a copy of this resolution upon the Journal of the House of Representatives and forward an appropriate copy of the same to Dr. A. S. Furcron.

HR 294. By Mr. Lewis of the 37th:
A RESOLUTION
Expressing sympathy to the family of Robert Jones; and for other purposes.
WHEREAS, on Sunday, February 23, 1969, Sp./4 Robert Jones was killed in action in Vietnam; and
WHEREAS, he was a native of Waynesboro, Georgia and attended the public schools of Burke County; and
WHEREAS, he entered the Army in April, 1968, and after training at Fort Jackson, South Carolina and Fort Gordon, Georgia he left for duty in Vietnam in September, 1968; and
WHEREAS, earlier this year, as a result of action near Cu Chi in South Vietnam, he won the Combat Infantryman Badge which is worn with great pride by front-line soldiers; and
WHEREAS, the people of Georgia and the entire United States are indebted to this young man who gave his life in the service of his Country; and

FRIDAY, MARCH 7, 1969

1497

WHEREAS, he is survived by his parents, Mr. and Mrs. Ulysses Jones of Waynesboro.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincerest sympathy to the family of Robert Jones and acknowledge their indebtedness to him for paying the supreme sacrifice in the service of our Country.

BE IT FURTHER RESOLVED, that the Clerk of the House is hereby authorized and directed to forward an appropriate copy to Mr. and Mrs. Ulysses Jones of Waynesboro, Georgia.

HR 295. By Messrs. Hudson and Dorminy of the 48th and Douglas of the 42nd:
A RESOLUTION
Expressing sympathy at the passing of Honorable J. Carlyle Mc Donald; and for other purposes.
WHEREAS, Honorable J. Carlyle McDonald, a resident of Fitzger ald, Georgia since 1919, passed away on February 16, 1969; and
WHEREAS, he was a former mayor of Fitzgerald, former city at torney and had served as county attorney since 1929; and
WHEREAS, he was a former chairman of the board of stewards of the Central Methodist Church, where he taught the men's Bible class for a number of years; and
WHEREAS, he was the charter president of the Fitzgerald Rotary Club; and
WHEREAS, he rendered outstanding service to the people of his community and his State, and his leadership will be sorely missed; and
WHEREAS, his survivors include his widow, Mrs. Virginia Hough McDonald; two daughters, Mrs. L. E. Bowen, Jr. and Mrs. Bobby Chasteen; a son, Mr. Ben B. Mills; two sisters, Mrs. Irene Whatley and Mrs. Merle Wood; and three grandchildren.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable J. Carlyle McDonald, and heartfelt sympathy is hereby extended to the members of his family.
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 City Council of Fitzgerald, Georgia, which shall be read at the next regular meeting of the Council, the Chairman

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of the Board of Commissioners of Ben Hill County, which shall be read at the next regular meeting of the Board of Commissioners, the news media in Ben Hill County, and to each of his survivors who are named in this resolution.

HR 296. By Messrs. DeLong of the 80th, Connell and Dent of the 79th, Miles, Maxwell and Simkins of the 78th and Sherman of the 80th:
A RESOLUTION
Commending Mr. Millard F. Gooding; and for other purposes.
WHEREAS, Mr. Gooding has placed considerable emphasis on re habilitation during his 13 years as warden of the Richmond County Penal System; and
WHEREAS, Mr. Gooding is a shining example of "rehabilitation" because he was a prisoner himself before receiving a commuted sen tence and restoration of his civil rights by the State Board of Pardons and Paroles; and
WHEREAS, Mr. Gooding has instituted a unique program known as "Operation Wise Up" in which he sends teams of special 15-man groups of inmates over the State to speak to schools and clubs about the dangers and risks involved in leading a life of crime; and
WHEREAS, Christian influence is apparent to even the most casual visitor at the Richmond County Prison, and services in the chapel are conducted by both inmate chaplains and local clergymen; and
WHEREAS, it is the desire of the members of this body to recog nize Mr. Gooding for the exceptional job he is doing as warden of the Richmond County Prison.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mr. Millard F. Gooding for his outstanding accomplishments and achievements in the field of prisoner rehabilitation.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Mr. Millard F. Gooding.

HR 297. By Messrs. Barber of the 15th, Smith of the 43rd, Russell and Keyton of the 70th:
A RESOLUTION
Commending all banks, savings and loan associations, credit unions

FRIDAY, MARCH 7, 1969

1499

and life insurance companies participating in the Georgia guaranteed student loan program; and for other purposes.

WHEREAS, Georgia's greatest need today is that of providing ade quate elementary, secondary and post-secondary educational opportuni ties for all its citizens; and

WHEREAS, it appears that only twenty-nine (29%) percent of Georgia's college-age youth are today enrolled in college as opposed to an average of thirty-nine (39%) percent for the southern states and a national average of fifty-two (52%) percent; and

WHEREAS, the cost of obtaining a college education has risen greatly at all educational institutions during the past several years and continues to rise each year; and

WHEREAS, one of the most significant reasons why more young men and women in Georgia do not attend college or undertake other post-secondary education and study is the lack of sufficient funds to finance such education; and

WHEREAS, in 1965 Georgia pioneered a guaranteed student loan program and called upon all lending institutions in Georgia to partici pate in and support such program by making educational loans to the deserving and needy youth of this State desiring post-secondary educa tion, such loans to be fully guaranteed and serviced by the Georgia Higher Education Assistance Corporation; and

WHEREAS, since that date many lending institutions have joined and are now participating in the guaranteed student loan program, and through January, 1969 have made 19,438 educational loans to 12,882 Georgia youth attending almost 500 colleges and universities located in 46 states, totaling $17,208,995.00; and

WHEREAS, it is the desire of and only rightful that the members of this body recognize and commend these lending institutions, and further express the sentiment of this body that like recognition of and favor in more meaningful ways be extended to these lending institutions wherever possible by the State Depository Board, as expressed herein.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize, commend and express our grateful appreciation to each of the following banks, savings and loan associations, credit unions and life insurance companies for their participation in the Georgia guaranteed student loan program, and for the outstanding job that they have done thus far in providing financial aid assistance through the guaranteed student loan program to thousands of young boys and girls throughout Georgia, thereby enabling these youth to obtain the higher education that they seek and so richly deserve, to wit:

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CITY

LENDING INSTITUTION

Adel Adel
Ailey
Alamo
Albany Albany
Allentown
Alma Alma
Alpharetta
Americus Americus
Arlington
Ashburn Ashburn

Adel Banking Company Farmers & Merchants Bank
Montgomery County Bank
Wheeler County State Bank
C & S Bank of Albany First State Bank & Trust Company
Four County Bank
Alma Exchange Bank Citizens State Bank
Citizens Bank
Bank of Commerce Citizens Bank
Bostwick Banking Company
Ashburn Bank Citizens Bank

Athens Athens Athens Athens Athens

Athens Federal Savings & Loan Association C & S National Bank Clarke Federal Savings & Loan Association First American Bank & Trust Company National Bank of Athens

Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta
Atlanta Atlanta

American Bank Atlanta Bank & Trust Company Atlanta Federal Savings & Loan Association Citizens Trust Company C & S National Bank First National Bank Fulton Federal Savings & Loan Association Fulton National Bank Georgia International Life Insurance Company Georgia League Credit Union Georgia State Highway Department Employees
Credit Union HEW Atlanta Federal Credit Union Mutual Savings Credit Union

FRIDAY, MARCH 7, 1969

1501

CITY

LENDING INSTITUTION

Atlanta Atlanta Atlanta Atlanta Atlanta

National Bank of Georgia Peoples Bank Standard Federal Savings & Loan Associations Thift Credit Union Trust Company of Georgia

Augusta Augusta Augusta Augusta Augusta

C & S National Bank Commercial & Savings Bank First National Bank & Trust Company Georgia Railroad Bank & Trust Company Southgate National Bank of Richmond County

Austell

Austell Bank

Avondale Estates C & S DeKalb Bank

Bainbridge Bainbridge Bainbridge

Citizens Bank & Trust First Federal Savings & Loan Association First State National Bank

Ball Ground Barnesville Baxley Blackshear Blairsville Blakely Blakely Blue Ridge Bowdon Bremen Brooklet Brunswick Brunswick Buchanan

Citizens Bank First National Bank Baxley State Bank Blackshear Bank Union County Bank Bank of Early First State Bank of Blakely Fannin County Bank The Commercial Bank Commercial & Exchange Bank Farmers & Merchants Bank American National Bank First National Bank Haralson County Bank

1502

JOURNAL OF THE HOUSE,

CITY

LENDING INSTITUTION

Buena Vista

Buena Vista Loan & Savings Bank

Butler

Citizens State Bank

Byromville

Bank of Byromville

Byron

Bank of Byron

Cairo

Cairo Banking Company

Calhoun Camilla Camilla

Calhoun National Bank Bank of Camilla Planters & Citizens Bank

Canton Canton

Bank of Canton Etowah Bank

Carnesville

Carnesville State Bank

Carrollton Carrollton

Peoples Bank West Georgia National Bank

Cartersville Cartersville

Cartersville Bank First National Bank

Cave Spring

Bank of Cave Spring

Cedartown Cedartown

Commercial National Bank Liberty National Bank

Chamblee Chamblee

Chamblee National Bank Peachtree Bank & Trust Company

Chatsworth
Chickamauga
Clarkesville
Claxton Claxton Clayton
Cleveland
Cochran Cochran

Cohutta Banking Company
Bank of Chickamauga
Habersham Bank
Claxton Bank Tippins Bank & Trust Company Bank of Clayton
Peoples Bank
Cook Banking Company State Bank of Cochran

FRIDAY, MARCH 7, 1969

1503

CITY

LENDING INSTITUTION

College Park Standard Federal Savings & Loan Association

Colquitt

Citizens Bank

Columbus Columbus Columbus

Columbus Bank & Trust Company First National Bank Fourth National Bank

Comer

Merchants & Farmers Bank

Conyers

Bank of Rockdale

Coolidge

Farmers & Merchants Bank

Cordele

First State Bank

Cornelia

Cornelia Bank

Gumming Gumming

Bank of Gumming Forsyth County Bank

Dahlonega

Bank of Dahlonega

Dalton Dalton Dalton

Bank of Dalton First National Bank Hardwick Bank & Trust Company

Decatur Decatur Decatur Decatur Decatur

C & S Belvedere Bank C & S Emory Bank Decatur Federal Savings & Loan Association First National Bank First National Bank of Glenwood

Donalsonville Merchants & Farmers Bank

Douglasville

Commercial Bank

Dublin

Citizens and Southern Bank

Eastman Eastman

Bank of Eastman Citizens Bank & Trust Company

East Point

C & S National Bank

Edison

Bank of Edison

1504

JOURNAL OF THE HOUSE,

CITY

LENDING INSTITUTION

Elberton Elberton

First National Bank Granite City Bank

Ellijay

Bank of Ellijay

Fayetteville

Farmers & Merchants Bank

Fitzgerald Fitzgerald

Fitzgerald Federal Savings & Loan Association National Bank

Forest Park

AAD Federal Credit Union

Fort Oglethorpe Fort Oglethorpe State Bank

Fort Valley Fort Valley

Bank of Fort Valley Citizens Bank

Gainesville Gainesville Glennville

First National Bank Home Federal Savings & Loan Association Glennville Bank

Gordon

Gordon Bank

Greensboro Greensboro

Bank of Greensboro Citizens Bank

Greenville

Greenville Banking Company

Griffin Griffin Griffin Griffin

Bank of Griffin Commercial Bank & Trust Company First National Bank State Bank

Hapeville Hapeville

Citizens Bank Tri-City Federal Savings & Loan Association

Hartwell Hartwell

Bank of Hartwell Citizens Banking Company

Hawkinsville Pulaski Banking Company

Hazlehurst Hazlehurst

Bank of Hazlehurst Jeff Davis Bank

Hiawassee

Bank of Hiawassee

FRIDAY, MARCH 7, 1969

1505

CITY

LENDING INSTITUTION

Hogansville Jackson Jasper Jefferson Jesup Jesup Jonesboro

Citizens Bank Jackson National Bank Jasper Banking Company First National Bank American National Bank First National Bank of Wayne County Bank of Jonesboro

LaFayette LaGrange LaGrange
Lavonia
Lawrenceville Lawrenceville
Lenox
Lincolnton
Loganville Louisville
Lumpkin
Luthersville
McDonough
McRae
Mableton

Bank of LaFayette Citizens & Southern Bank LaGrange Banking Company
Franklin Building & Loan Association
Brand Banking Company First National Bank
Bank of Lenox
Farmers State Bank
Bank of Loganville First National Bank
Farmers State Bank
Luthersville Banking Company
First National Bank
Merchant & Citizens Bank
South Cobb Bank

Macon Macon Macon
Madison
Manchester

C & S National Bank Georgia Bank & Trust Company Macon Federal Savings & Loan Association
Bank of Madison
Bank of Manchester

1506

JOURNAL OP THE HOUSE,

CITY

LENDING INSTITUTION

Manchester

Farmers & Merchants Bank

Marietta

Lockheed Georgia Employees Federal Credit Union

Marshallville

First State Bank

Meigs

Bank of Meigs

Metter Metter
Midville

Metter Banking Company Pineland State Bank
Bank of Midville

Milledgeville Milledgeville
Millen
Molena

Exchange Bank Merchants & Farmers Bank
Bank of Millen
Bank of Molena

Monroe Monroe

Farmers Bank National Bank of Monroe

Montezuma Montezuma

Citizens National Bank Montezuma Banking Company

Monticello Monticello

Bank of Monticello Farmers National Bank

Moultrie Moultrie

Moultrie National Bank Moultrie Banking Company

Mount Vernon Mount Vernon Bank

Newnan

Citizens & Southern Bank

Newton

Baker County Bank

Ocilla Ocilla

Bank of Ocilla First State Bank

Patterson

Patterson Bank

Peachtree City Fayette State Bank

FRIDAY, MARCH 7, 1969

1507

CITY

LENDING INSTITUTION

Pelham Pelham

Farmers Bank Pelham Banking Company

Perry

Security Federal Savings & Loan Association

Pinehurst Rockmart

Bank of Pinehurst Rockmart Bank

Rome Rome Rome

First National Bank National City Bank Rome Bank & Trust Company

Rossville

Rossville Bank

Roswell

Roswell Bank

Royston

Tri-County Bank

St. Marys

St. Marys State Bank

St. Simons

St. Simons State Bank

Sandy Springs C & S National Bank

Savannah Savannah Savannah

C & S National Bank Liberty National Bank & Trust Company Savannah Bank & Trust Company

Shellman
Smyrna Smyrna
Social Circle

First State Bank
Bank of Smyrna Security National Bank
Social Circle Bank

Soperton

Bank of Soperton

Sparta

Bank of Hancock County

Springfield

Exchange Bank

Statesboro Statesboro

Bulloch County Bank Sea Island Bank

Stockbridge

First State Bank

1508

JOURNAL OF THE HOUSE,

CITY

LENDING INSTITUTION

Summerville

Farmers & Merchants Bank

Swainsboro Swainsboro Swainsboro Swainsboro

Central Bank Citizens Bank of Swainsboro First Federal Savings & Loan Association Spivey State Bank

Sylvania

First Federal Savings & Loan Association

Sylvester Sylvester

Bank of Worth County Sylvester Banking Company

Tallapoosa

West Georgia Bank

Tate

Georgia Marble Employees Federal Credit Union

Tennille

Tennille Banking Company

Thomaston

Citizens & Southern Bank

Thomson Thomson

Bank of Thomson First National Bank

Tifton Tifton Tifton

Bank of Tifton Citizens Bank Farmers Bank

Toccoa Toccoa

Bank of Toccoa Citizens Bank

Trenton

Bank of Bade

Tucker Tucker

C & S National Bank First National Bank

Twin City

Burden Banking Company

Union Point Union Point

Bank of Union Point Farmers Bank

Valdosta Valdosta Valdosta Valdosta
Vienna

C & S National Bank First State Bank Moody Air Force Base Federal Credit Union Park Avenue Bank
Citizens Bank

FRIDAY, MARCH 7, 1969

1509

CITY

LENDING INSTITUTION

Warner Robins First Federal Savings & Loan Association Warner Robins Robins Federal Credit Union

Washington

Farmers & Merchants Bank

Watkinsville

Oconee State Bank

Waycross Waycross Waycross Waycross

Commercial Bank First Federal Savings & Loan Association Southern Bank Waycross SCL Employees Federal Credit Union

Waynesboro

First National Bank

Winder Winder

Bank of Barrow First Federal Savings & Loan Association

Woodbury

Woodbury Banking Company

Woodstock

Bank of Woodstock

Wrens

First State Bank

Wrightsville Wrightsville

Bank of Wrightsville Exchange Bank

Zebulon

Bank of Zebulon

ALABAMA
Dothan Eufaula

OUT-OF-STATE LENDERS
Dothan Federal Savings & Loan Association First National Bank

TENNESSEE
Calhoun Chattanooga Ducktown Johnson City

Bowaters Employees Federal Credit Union Combustion Federal Credit Union Ducktown Banking Company Pet Dairy Employees Federal Credit Union

WISCONSIN Wausau

Employers Mutual Credit Union

1510
: :

JOURNAL OF THE HOUSE,
BE IT FURTHER RESOLVED that this body hereby requests the State Depository Board to similarly recognize and favor wherever pos sible lending institutions participating in the guaranteed student loan program who are from time to time designated as depositories of State funds, and to maintain with each such depository, so long as the total amount of funds available in the General Treasury of this State for time deposit purposes is sufficient to do so, a time deposit account in an amount equal to at least $20,000 plus the amount of outstanding guaranteed student loans held by such depository, as certified to the Board at least twice each year by the Georgia Higher Education Assistance Corporation.

BE IT FURTHER RESOLVED that this body hereby requests the

proper governing officials of the Teachers' Retirement System, Em

ployees' Retirement System, Peace Officers' Annuity and Benefit Fund,

Firemen's Retirement System, Ordinaries' Retirement System, and other

State supported retirement or pension systems, to recognize and favor

"'

savings and loan associations participating in the Georgia guaranteed

student loan program by collectively investing with each such associa-

. tion an amount equal to at least $20,000 plus the amount of outstanding

guaranteed student loans held by such association, as certified to the

proper officials of each such retirement or pension system by the Geor

gia Higher Education Assistance Corporation as often as may be re

quested.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the president of each lending institution named above, to the members of the State Depository Board, and to each governing offi cial of each of the foregoing retirement and pension systems.

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 567. By Mr. Harrison of the 66th: A Bill to be entitled an Act to amend Code Section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provisions thereof relative to filling vacancies in said office; 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:

FRIDAY, MARCH 7, 1969

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Atherton
Barber Barfield Battle Bell Bennett Berry Black Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Cato Chandler Clarke Cole Collins, S. Colwell Conger Connell Conner Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dodson Douglas Edwards Egan Ellis Evans Ezzard Farrar Felton Floyd, J. H.

Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marcus Matthews, C. Mauldin
Maxwell McClatchey McDaniell Melton Merritt

1511
Miles Milford Miller Moore Morris Mullinax Murphy Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rowland Russell Salem Scarborough Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Sweat Thomason Thompson, A. W. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson
Winkles Wood

1512

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Ballard Blalock Caldwell Gates Collier Collins, M. Cook Dailey Dixon Dorminy Fallin Farmer

Hale Hamilton Harris, R. W. Hill, B. L.
Knowles Lambert
Mason Matthews, D. R.
McCracken Moate Nash

Peters Pickard Reaves Rush
Scarlett Snow
Sorrells Thompson, R.
Townsend Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 84-219. By Mr. Moate of the 28th: A Resolution compensating Mr. Buford Little; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 84-219 by changing the figure $782.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $681.89.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 694. By Messrs. Gaynor of the 88th, Hill of the 94th, Ellis of the 91st, Jones of the 87th, Battle of the 90th and Gignilliat of the 89th: A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", as amended, so as to provide that in counties having a population of 150,000 and not more than 500,000 according to the 1960 U. S. Decennial Census, or any future such census, the

FRIDAY, MARCH 7, 1969

1513

term "municipality" used in said Act shall also mean "County"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 101, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 432. By Messrs. Maxwell of the 78th and Connell of the 79th:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of the several municipalities and counties to establish separate or joint planning facilities, as amended, so as to clarify that municipalities have the authority to zone property within their cor porate limits, and counties have the authority to zone property within the unincorporated areas of the county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 102, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 61. By Messrs. Levitas and Harris of the 77th, Snow of the 1st, Harris of the 67th, Jordan of the 74th, DeLong of the 30th, Westlake of the 75th, Lane of the 101st, Buck of the 84th, Clarke of the 33rd, Dodson of the 82nd, Sherman of the 80th, Maxwell of the 78th and Whaley of the 93rd:
A Bill to be entitled an Act to prohibit the sale or delivery of certain harmful materials to minors; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to prohibit the sale or delivery of certain harmful materials to minors; to define certain terms; to provide that it shall be unlawful to exhibit to minors certain prohibited practices;

1514

JOURNAL OF THE HOUSE,

to provide that it shall be unlawful for minors to falsely represent their age to gain access to prohibited practices; to provide for procedures for the commencement of enforcement and for application for the declaratory judgment; to provide that it shall be unlawful for any per son to make false representation that he is the parent or guardian of minor for the purpose of gaining minor access to prohibited practices;
to place certain limitations upon the prosecution of persons accused of violating this Act; to provide for exceptions; to provide for penalties; to provide the procedures connected with the foregoing; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

SECTION 1
Definitions. As used in this Act:
(a) "Minor" means any unmarried person under the age of seventeen years.
(b) "nudity' means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque cover ing, or the depiction of covered male genitals in a discernibly turgid state.
(c) "Sexual conduct" means acts of masturbation, homo-sex uality, sodomy, sexual intercourse, or physical contact with a per son's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.
(d) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(e) "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizzarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(f) "Harmful to minors" means that quality of any descrip tion or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:
(i) predominantly appeals to the prurient, shameful or morbid interest of minors, and
(ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and
(iii) is utterly without redeeming social importance for minors.

FRIDAY, MARCH 7, 1969

1515

(g) "knowingly" means having general knowledge of, or rea son to know, or a belief or reasonable ground for belief which war rants further inspection or inquiry or both:

(i) the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and

(ii) the age of the minor, provided however, that an hon est mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascer tain the true age of such minor.

SECTION 2
Offenses. It shall be unlawful for person knowingly to sell, de liver, distribute or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute or provide to a minor:
(a) Any picture, photograph, drawing, sculpture, motion pic ture film, or similar visual representation or image of a person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors, or
(b) any book, pamphlet, magazine, printed matter however produced, or sound recording which contains any matter enumer ated in paragraph (a) hereof, or explicit and detailed verbal de scriptions or narrative accounts of sexual excitement, sexual con duct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.

SECTION 3
It shall be unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited, a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors.

SECTION 4
(a) No prosecution may be commenced against any person under this Act for violations of Sections 2 and 3 unless the district attorney of the judicial circuit in which the crime occurs has served the accused with prior written notice that the district attorney has determined the material upon which the prosecution is based to be in violation of this Act and the accused has, after receiving such notice, violated the terms of this Act. Any person who receives such written notice shall have the right within 30 days to seek a determination as to the correctness

1516

JOURNAL OF THE HOUSE,

thereof under the provisions of an Act relating to declaratory judg ments, approved February 12, 1945 (Ga. Laws 1945, p. 137), as now or hereafter amended, but no such action shall, by reason of the com mencement thereof, stay the further enforcement of this Act. In the event this subsection 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 this subsection so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
(b) No prosecution may be commenced against any person under this Act except by the district attorney of the judicial circuit in which the crime occurs.
SECTION 5

No person shall be guilty of violating the provisions of this Act:
(a) Where such person had reasonable cause to believe that the minor involved was 17 years old or more, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 17 years old or more; or
(b) That the person was the parent or guardian of the minor, or that the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this Act either generally or with reference to the particular transaction; or

(c) Where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organiza tion, or as a retail outlet affiliated with and serving the educational purposes of such organization.

SECTION 6
(a) It shall be unlawful for any minor to falsely represent to any person mentioned in Section 2 or Section 3 of this Act, or to his agent, that such minor is 17 years of age or older, with the intent to procure any material set forth in Section 2 of this Act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in Section 3 of this Act.
(b) It shall be unlawful for any person to knowingly make a false representation to any person mentioned in Section 2 or Section 3 of this Act, or to his agent, that he is the parent or guardian of any minor, or that any minor is 17 years of age, with the intent to procure any material set forth in Section 2 of this Act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in Section 3 of this Act.

FRIDAY, MARCH 7, 1969

1517

SECTION 7

Purpose and Intent of Act. During the past several years the sale or distribution of harmful materials to minors has become a matter of increasingly giave concern to the people of this State. The elimination of such sales a.j the consequent protection of minors from harmful materials are in ^e best interests of the morals and general welfare of the citizens of t,js state, in general, and of minors in this State, in particular. This ac^mplishment of these ends can begt fee achieved
by providing public prc,ecutors wjth an effective power to commence criminal proceedings aga^st persons who engage in the sale of harm ful materials to minors.

sir!TION 8

(a) A person convicted of vioitting Section 2 or 3 of this Act shall be punished by imprisonment oi not less than one nor more than five years or by a fine not to exceed ^5,000.00 or both.

(b) Any person violating the provisions 01 section 6 of this Act

shall be guilty of a misdemeanor and, upon convict^n thereof shall be

punished as for a misdemeanor.

'

SECTION 9
In the event any section, subjection, sentence, clause or phrase of this Act shall be declared o- adjudged invalid or unconstitutiona., snc^ adjudication shall in no mainer affect the other sections, subsec,-ons sentences, clauses or phrases of tu<? Act, which shall remain of ij| force and effect, as if the sec\ion, subs^tion, sentence, clause or phri se so declared or adjudged invalid or unconstitutional were not originalij a part hereof. The General Assembly here^ declares that it would have passed the remaining parts of this Act if * },a(j known that such part or parts hereof would be declared or adjudgti jnvaiid or uncon stitutional.
SECTION 10
All laws and parts of laws in conflict with this Act are he^y repealed.

The following amendment to the Committee substitute was read and adopted:
Mr. Clarke of the 33rd moves to amend the Committee substitute to HB 61 by changing the age from 17 to 18.

The Committee substitute, as amended, was adopted.

15 i8

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amerced, the ayes were 105, nays 2.
The Bill, having received the requisite coftitutional majority, was passed, by substitute, as amended.

HB 611. By Mr. Matthews of the 63rd-
A Bill to be entitled an A* to "P6";1 a,n Act known, as *hf "Geor/!a Agricultural Commodities Promotion Act" as amended, and to enact m l^r thereof an Act to Je known as the GeorSia Agricultural Com-
pT Act" so as t? implement Article VII, Section II, Paragraph thfcons^iJi, as amended in 1969; and for other purposes.

,, Monday

mmMaanan,TMTMmm

^1s0'co19n6se9n> ti,,mfumrethdiearteclyonsaifdteerraitihoen

of HB period

611 was postponed until of unanimous consents.

Tr Matthews of the 16th moved that pursuant to SR 99, adopted by the Hoase ind Senate, the House do now adjourn until 10:00 o'clock, Monday morningi march 10, 1969.
The motion prevailed, anr1 cne Speafer announced the House adjourned until 10:00 o'clock, Monday mo-ung> March 10, 1969.

MONDAY, MARCH 10, 1969

1519

Representative Hall, Atlanta, Georgia Monday, March 10, 1969

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, originally prayed by Archbishop Carroll, was offered by Father Walter J. Donovan, Pastor, Church of the Most Blessed Sacrament, Atlanta, Georgia:
"We pray You, 0 God of might, wisdom and justice, through whom authority is rightly administered, laws are enacted and judgment decreed, assist with Your holy spirit of counsel and fortitude the Presi dent of these United States, that his administration may be conducted in righteousness, and be eminently useful to Your people over whom he presides; by encouraging due respect for virtue and religion, by a faith ful execution of the laws in justice and mercy, and by restraining vice and immorality. Let the light of Your divine wisdom direct the delibera tions of Congress, and shine forth in all the proceedings and laws framed for our rule and government, so that they may tend to the perservation of peace, the promotion of national happiness, the increase of industry, sobriety and useful knowledge; and may perpetuate to us the blessings of equal liberty.
"We pray for his excellency, the Governor of this State, for the members of the legislature, for all judges, magistrates and other officers who are appointed to guard our political welfare, that they may be enabled, by your powerful protection, to discharge the duties of their respective stations with honesty and ability.
"We recommend likewise, to Your unbounded mercy, all our brethren and fellow citizens throughout the United States that they may be blessed in the knowledge and sanctified in the observance of Your most holy law, that they may be preserved in union and in that peace which the world cannot give. We pray particularly for those who are serving You and Your people in this hall, that having served with fidelity here, we may, without the loss of anyone, reassemble in the halls of heaven,
AMEN."

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, 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.

1520

JOURNAL OF THE HOUSE,

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Monday, March 10,1969, and submits the following:
HB 109. District Attorney, Expense Allowance--PP HB 132. Insurance, Accident and Sickness, Cancelled HB 563. Conduct of Primaries and Elections HR 204-586. Nonprofit Corporations, Exempt from Ad Valorem Tax HB 611. Georgia Agricultural Commodities Promotion Act--PP HR 231-656. Classify Property, Taxation Purposes HB 761. Race Track or Facility, Safety Regulations HB 784. Speed Facility, Safety Regulations

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 61st, Vice-Chairman

MONDAY, MARCH 10, 1969

1521

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 840. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Warren County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 841. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 56-2004, relating to the qualifications required of Farmers' Mutual Fire Insurance Com panies, so as to change the qualifications required prior to the issuance of a certificate of authority; and for other purposes.
Referred to the Committee on Insurance.

HB 843. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County and placing said officers on an annual salary, so as to fix the compensation of said officers; and for other purposes.
Referred to the Committee on Local Affairs.

HR 276-843. By Messrs. Gunter and Moore of the 6th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 277-843. By Mr. Connell of the 79th: A Resolution compensating Alice Mae McBride; and for other purposes.
Referred to the Committee on Appropriations.

HR 278-843. By Mr. Connell of the 79th:
A Resolution compensating William Grady Parrish; and for other purposes.
Referred to the Committee on Appropriations.

1522

JOURNAL OF THE HOUSE,

HB 845. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 846. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 847. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 114-410, relating to two permanent injuries, so as to change the maximum amount of com pensation which an employee who receives two permanent injuries may receive; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 848. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to provide a special fund to be known as the "Subsequent Injury Fund", to be managed by the State Comptroller General; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 849. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 68-221, relating to the time within which non-residents must purchase license plates, so as to require non-residents to purchase license plates immediately under certain conditions; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 850. By Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Dean of the 76th, Davis, Floyd, Westlake and Higginbotham of the 75th, Jordan and Vaughn of the 74th, Farrar, Thomason, Levitas and Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Com-

MONDAY, MARCH 10, 1969

1523

missioners of DeKalb County, so as to change the method of filling vacancies on the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 851. By Messrs. Funk of the 92nd, Gignilliat of the 89th, Ellis of the 91st and Hill of the 94th:
A Bill to be entitled an Act creating and organizing the Commissioners of Chatham County, and defining their jurisdiction and duties, so as to provide that 5 Commissioners of Chatham County and ex-officio judges constitute a quorum to transact the business of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 298-851. By Mr. Collier of the 54th:
A Resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A Bill to be entitled an Act to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any per son, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in person at the hearing; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 853. By Messrs. Jones of the 59th and Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to provide for ratification by the General Assem bly of all mineral leases executed by the Mineral Leasing Commission; to limit the authority of the Mineral Leasing Commission to execute leases; and for other purposes.
Referred to the Committee on State Institutions and Property.

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:

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JOURNAL OP THE HOUSE,

HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act approved March 16, 1966 (Ga. L. 1966, p. 523), relating to the determination of income taxes on compensation of certain armed forces personnel to provide for the abate ment of income taxes of deceased members of armed forces engaged in Vietnam combat zones; and for other purposes.
Referred to the Committee on Ways and Means.

HB 863. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to amend Code Section 22-1313 of the Geor gia Code of 1933 as amended, so as to change certain requirements in presenting and filing articles of dissolution; and for other purposes.
Referred to the Committee on Ways and Means.
HB 864. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to amend an Act known as the "Current In come Tax Payment Act of 1960", so as to provide that any employer who withholds more than $100 monthly shall pay such money to State deposi tories designated by the Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.
HB 865. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to amend an Act approved April 18, 1967 (Ga. L. 1967, p. 788), so as to provide for a tax return to be used in connection with the transfer of real property; and for other purposes.
Referred to the Committee on Ways and Means.
HB 866. By Mr. Hale of the 1st: A Bill to be entitled an Act to authorize any court of competent jurisdic tion to require the posting of a bond, with surety approval by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, construction, improving, etc., of any public improvement, project, or facility or the creation, organization, or formation of any political subdivision; and for other purposes.
Referred to the Committee on Judiciary.
HR 299-866. By Mr. Pafford of the 64th: A Resolution compensating Mr. Willis Holloway; and for other purposes.
Referred to the Committee on Appropriations.

MONDAY, MARCH 10, 1969

1525

HR 302-876. By Messrs. Harrington and Chandler of the 34th: A Resolution compensating Dr. J. J. Word; and for other purposes.
Referred to the Committee on Appropriations.

HB 877. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said Department; and for other purposes.
Referred to the Committee on Motor Vehicles.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 811. By Mr. Marcus of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell . . .", so as to change the compensation to be paid the Commissioner of Roads and Revenues of Mitchell County; and for other purposes.

HB 816. By Messrs. Bowen and Rainey of the 47th, Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, so as to change the compensation of said court reporter; and for other purposes.

HB 817. By Messrs. Floyd and Davis of the 75th:
A Bill to be entitled an Act to amend Code Section 34A-1206, relating to unlawful campaign activities, so as to prohibit radios within the voting line; and for other purposes.

HB 818. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas, so as to change the name of said court; and for other purposes.

HB 819. By 'Messrs. Higginbotham, Davis, Ployd and Westlake of the 75th,

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JOURNAL OF THE HOUSE,

Morris and Bell of the 73rd, Dean of the 76th, Collins and Geisinger of the 72nd, Thomason and Levitas of the 77th:
A Bill to be entitled an Act to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority of the members of said governing authority; and for other purposes.

HB 820. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Atkinson County, known as the fee system; and for other purposes.

HB 821. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County, so as to change the com pensation of the sheriff; and for other purposes.

HB 822. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to create the City of Pearson Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; and for other purposes.

HB 823. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lanier County on an annual salary, so as to change the salary of the sheriff and his deputy; and for other purposes.

HB 824. By Mr. Palford of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Lanier County, known as the fee system; and for other purposes.

HB 825. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier (now Board of Commissioners of Lanier County), so as to change the compensation of said commissioners; and for other purposes.

MONDAY, MARCH 10, 1969

1527

HR 268-825. By Messrs. Floyd, Davis, Higginbotham and Westlake of the 75th, and Belief the 73rd:
A Resolution proposing an amendment to the Constitution so as to change the method of filling vacancies in the offices of district at torneys of the superior courts of this State; and for other purposes.

HR 269-825. By Messrs. Floyd, Davis, Higginbotham and Westlake of the 75th, and Bell of the 73rd:
A Resolution proposing an amendment to the Constitution so as to provide for special elections to fill judgeship vacancies in the superior courts of this State; and for other purposes.

HR 270-825. By Mr. Brantley of the 114th:
A Resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes.

HR 271-825. By Mr. Lambert of the 25th:
A Resolution authorizing the conveyance of certain real property in Greene County, Georgia, to Greene County; and for other purposes.

HR 272-825. By Messrs. Smith, Cole and Leonard of the 3rd:
A Resolution abandoning certain property in Whitfield County for park purposes; and for other purposes.

HR 273-825. By Messrs. Smith of the 3rd, Brown of the 32nd and Lowrey of the 9th:
A Resolution creating an interim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes.

HB 826. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Polk, so as to provide for regular meetings of the Board; and for other purposes.

HB 827. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of com-

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JOURNAL OF THE HOUSE,

pensation, so as to provide for an additional motor vehicle for use by the sheriff of said county; and for other purposes.

HB 828. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Laurens County, so as to change the compensation of the commissioners; and for other purposes.

HB 829. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to amend an Act creating the City Court of Bainbridge, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.

HB 830. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to provide for holding four terms in a year of the Superior Court of Decatur County; to designate and name said terms of Court; and for other purposes.

HB 831. By Messrs. Knowles of the 22nd, Clarke of the 33rd, Caldwell and Smith of the 39th:
A Bill to be entitled an Act to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, so as to abolish the annual salary of the district attorney of said judicial circuit; and for other purposes.

HB 832. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to enable residents of Georgia to purchase in contiguous States, and residents of contiguous States to purchase in Georgia, rifles and shotguns provided such persons conform to ap plicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State; and for other purposes.

HB 833. By Mr. Rainey of the 47th:
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 change the provisions relating to hunting, fishing and trapping licenses; and for other purposes.

MONDAY, MARCH 10, 1969

1529

HB 834. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.

HB 835. By Messrs. Milford and Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Hartwell, so as to change the term of office of the mayor; and for other purposes.

HR 274-835. By Mr. Hadaway of the 27th:
A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.

HB 836. By Mr. Pafford of the 64th:
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 (now Atkinson County Commission), so as to change the compensation of the said commissioners; and for other purposes.

HB 837. By Mr. Rainey of the 47th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for a change in the pro visions relating to the compensation of the Director; and for other purposes.

HB 838. By Mr. Rainey of the 47th:
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 change a certain definition; to change the provisions relating to the meetings of the Commission; to change the provisions relating to appropriations to the Commission; to authorize the Commission to accept grants and donations; and for other purposes.

HB 839. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend Code Section 56-2431, relating to

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JOURNAL OP THE HOUSE,

the authority of governmental units to make deductions to pay insurance premiums, so as to change the coverages for which deductions may be made; and for other purposes.

HB 842. By Mr. Barber of the 15th:
A Bill to be entitled an Act to amend Code Section 32-1004 and Code Section 89-101, so as to change the qualifications of county school superintendents; and for other purposes.

HB 844. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, etc.", approved February 28, 1969 (Act No. 57), so as to delete the appropriation relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; and for other purposes.

SR 83. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st, and others:
A Resolution designating "Georgia Authors' Week"; and for other purposes.

SB 156. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 109A-4-212, relating to rights of charge-backs or refunds by banks, so as to provide that intermediary or payer banks may return unpaid items directly to and send for collection drafts on depository banks and obtain reimburse ment; and for other purposes.

SB 180. By Senators Bateman of the 27th, Garrard of the 37th, London of the 50th and Adams of the 26th:
A Bill to be entitled an Act to amend an Act relating to the exemption of property from taxation, so as to exempt from taxation certain apartment projects which are owned by religious groups; and for other purposes.

Mr. Harris of the 77th, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

\^

Your Committee on Judiciary has had under consideration the following

MONDAY, MARCH 10, 1969

1531

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 190. Do Pass by Substitute.

HB 796. Do Pass.

SB

73. Do Pass.

HR 258-785. Do Pass.

Respectfully submitted, Harris of the 77th, Chairman.

Mr. Williams of the llth, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 140. Do Pass by Substitute.
Respectfully submitted, Williams of the llth, Chairman.

Mr. McClatchey of the Il3th, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 162. Do Pass. HB 16. Do Pass by Substitute.
Respectfully submitted, McClatchey of the 113th, Chairman.

1532

JOURNAL OF THE HOUSE,

Mr. Paris of the 14th, Chairman of the Committee on Temperance, sub mitted the following report:

Mr. Speaker:

Your Committee on Temperance 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 787. Do Pass.
HR 81-219. Do Pass by Substitute.
Respectfully submitted, Paris of the 14th, Chairman.

Mr. Melton of the 32nd, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 812. Do Pass. HB 813. Do Pass. HB 814. Do Pass as amended. HB 280. Do Pass. HB 641. Do Pass by Substitute. HR 285. Do Pass.
Respectfully submitted, Melton of the 32nd, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

MONDAY, MARCH 10, 1969

1533

HB 799. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 801. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to abolish the Mayor's Court and to create and establish in lieu thereof a Recorder's Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 802. By Messrs. Mauldin and Milford of the 12th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to authorize the mayor and council to employ a city manager; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE HOUSE,

HB 806. By Messrs. Lane of the 101st, Hill of the 97th, Felton and Horton of the 95th, Longino of the 98th and Adams of the 100th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, relating to the duties of the Local Advisory Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 810. By Messrs. Pinkston, Knapp, Keen and Evans of the 81st, Miller of the 83rd, and Dodson of the 82nd:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, so as to provide that the commissioners of Bibb County shall fix their own compensation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bill of the Senate, to-wit:

SB 243. By Senators Coggin of the 35th and Padgett of the 23rd:
A Bill to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibition on any permanent race

MONDAY, MARCH 10, 1969

1535

track or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; to repeal conflict ing 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 follow ing Bills of the House and Senate, to-wit:

SB 80. By Senators Johnson of the 38th, Stephens of the 36th, Hardy of the 56th, Ward of the 39th, and others:
A Bill to amend an Act approved Feb. 15, 1933, providing for pensions for members of Police Departments of Cities of more than 150,000 in population, according to the last census of the United States, or any subsequent census thereof, as amended, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.

SB 99. By Senators Johnson of the 38th, Garrard of the 37th, Hardy of the 56th, Ward of the 39th, and Stephens of the 36th:
A Bill to amend an Act amending the Act establishing the Criminal Court of Atlanta, approved Feb. 17, 1939, so as to change the provisions relating to the filling of vacancies occurring in the offices of Judge and Solicitor General of said court, and for other purposes.

SB 100. By Senators Johnson of the 38th, Stephens of the 36th, Garrard of the 37th, Hardy of the 56th, and Ward of the 39th:
A Bill to amend the Act creating the Civil Court of Fulton County, approved August 20, 1913, as amended, so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other purposes.

SB 133. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, Johnson of the 38th, and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof, and for other purposes.

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JOURNAL OF THE HOUSE,

SB 216. By Senator Smith of the 18th:
A Bill to designate and establish the State Court of Houston County, as amended, as the "special court" provided for by Art. VI, Sec. IX, Para. 1 of the Constitution, as amended to provide for the manner and method of the correction of errors; and for other purposes.

SB 220. By Senator Reynolds of the 48th:
A Bill to amend an Act creating a new charter for the city of Lawrenceville, Georgia, approved Aug. 19, 1912, as amended, so as to redefine the City Limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.

SB 232. By Senator London of the 50th:
A Bill to create a Board of Commissioners of Rabun County; to repeal conflicting laws; and for other purposes.

HB 261. By Messrs. Smith and Caldwell of the 39th:
A Bill to amend an Act so as to provide for an increase in the salary of the Chief Deputy Sheriff of Lamar County, from a sum not to exceed $350 per month to a sum not to exceed $450 per month; and for other purposes.

HB 276. By Messrs. Brown and Melton of the 32nd:
A Bill to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, so as to change the corporate limits of said City; and for other purposes.

HB 283. By Mr. Cole of the 3rd: A Bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners, so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of relationship to any Member of the said Board; and for other purposes.
HB 294. By Messrs. Smith and Caldwell of the 39th: A Bill to place the clerk of the superior court of Lamar County upon an annual salary supplement; and for other purposes.

MONDAY, MARCH 10, 1969

1537

HB 351. By Messrs. Longino of the 98th, Ware, Mullinax, Potts and Blalock of the 30th:
A Bill to amend an Act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties, so as to provide that the Mayor appoint a recorder, to establish such recorders powers and duties; and for other purposes.

HB 386. By Messrs. Adams of the 110th, Brown of the 110th, Shepherd of the 107th, Sims of the 106th and others:
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 Solicitor-General of said Circuit, so as to change the number of trial assistant district attorneys that may be appointed; and for other purposes.

HB 419. By Messrs. Phillips and Johnson of the 29th:
A Bill to authorize the governing authorities of certain counties to make payments toward the cost of the office expenses of the Judge of certain Superior Courts; and for other purposes.

HB 425. By Mr. Poole of the 10th:
A Bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary; and for other purposes.
HB 442. By Mr. Salem of the 51st:
A Bill to amend an Act creating a five man Board of Commissioners of Roads and Revenue for Toombs County, so as to provide that the said Commissioners may contract with or employ a person who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, etc.; and for other purposes.
HB 443. By Mr. Salem of the 51st:
A Bill to amend an Act abolishing the fee system of compensating for the Clerk of the Superior Court, the Ordinary, the Tax Receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, so as to change the compensation of the Tax Receiver and to provide that the said Tax Receiver shall not have the authority to appoint deputies, clerks, assistants or other personnel; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 464. By Messrs. Sweat and Dixon of the 65th:
A Bill to abolish the present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an effective date; to repeal conflicting laws; and for other purposes.

HB 465. By Messrs. Sweat and Dixon of the 65th:
A Bill to amend an Act providing a new charter for the city of Homerville, approved March 4, 1937, as amended, so as to change the hours for holding elections; to change the provisions relating to the lawful voting age; to repeal conflicting laws; and for other purposes.

HB 466. By Mr. Sweat of the 65th:
A Bill to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965, as amended, so as to authorize the sheriff to employ an additional deputy; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 491. By Clarke of the 33rd:
A Bill to amend an Act creating a Board of Commissioners of Butts County, so as to authorize the Board to designate one of its members to perform additional duties and to be compensated therefor; and for other purposes.

HB 492. By Mr. Clarke of the 33rd:
A Bill to abolish the present mode of compensating the Tax Receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer and for other purposes.

HB 493. By Mr. Clarke of the 33rd:
A Bill to provide that certain costs in criminal cases shall be used for the purposes of maintaining the Butts County Courthouse; and for other purposes.

HB 500. By Mr. Smith of the 43rd:
A Bill to amend an Act incorporating the City of Swainsboro, so as to provide for a four-year term for the Mayor of the City of Swains boro; and for other purposes.

MONDAY, MARCH 10, 1969

1539

HB 501. By Mr. Smith of the 43rd:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, so as to provide for four-year terms for the members of the board; and for other purposes.

HB 510. By Messrs. DeLong and Sherman of the 80th, Miles, Maxwell and Simkins of the 78th and others:
A Bill to amend an Act regulating public instruction in the County of Richmond, so as to provide that there shall be sixteen members of the Richmond County Board of Education, the 16th member of which shall be elected from the 121st militia district beginning with the election in 1969, to a four-year term; and for other purposes.

HB 544. By Mr. Grahl of the 40th: A Bill to amend an Act entitled "An Act to amend, revise, and con solidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; and for other purposes.
HB 545. By Mr. Grahl of the 40th: A Bill to amend an Act entitled "An Act to amend, revise, and con solidate the several acts granting corporate authority to the Town of Fort Valley, etc.", so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises; and for other purposes.
HB 580. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st: A Bill to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, so as to change the compensation of the sheriff and the clerk of the superior courts; and for other purposes.

HB 581. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to amend an Act consolidating the offices to tax collector and tax receiver into the office of Tax Commissioner of Dougherty Coun ty, so as to change the compensation of the tax commissioner; and for other purposes.

HB 583. By Messrs. Hale, Snow and Crowe of the 1st:
A Bill to reincorporate the City of LaFayette in the County of Walker; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 584. By Messrs. Williams, Cooper and Wood of the llth:
A Bill to incorporate and grant a charter to the City of Murrayville; and for other purposes.

HB 588. By Messrs. Melton and Brown of the 32nd, Caldwell and Smith of the 39th:
A Bill to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to provide additional compensation to said court reporter; and other purposes.
HB 591. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss and Henderson of the 117th:
A Bill to amend an Act creating the Civil and Criminal Court of Cohb County, so as to change the compensation of the judges and the clerk of said court; and for other purposes.

HB 596. By Messrs. Rowland and Douglas of the 42nd:
A Bill to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; and for other purposes.

HB 597. By Mr. 'Moate of the 28th:
A Bill to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the clerk of the superior court of Putnam County; and for other purposes.

HB 598. By Mr. Moate of the 28th:
A Bill creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the Chairmen and the members of the Board, and the Clerk of the Board; and for other purposes.

HB 599. By Mr. Moate of the 28th:
A Bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.

MONDAY, MARCH 10, 1969

1541

HB 600. By Mr. Moateof the 28th:
A Bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, so as to change the compensation of the tax com missioner; and for other purposes.

HB 601. By Mr. Moate of the 28th: A Bill to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, so as to change the compensation of the ordinary of Putnam County; and for other purposes.
HB 615. By Messrs. Gunter and Moore of the 6th: A Bill to amend an Act incorporating the Town of Alto, so as to authorize the Mayor and Council of the Town of Alto to levy a tax of not more than 20 mills en all property within the corporate limits of said town; and for other purposes.
HB 622. By Messrs. Murphy and Dean of the 19th: A Bill to amend an Act providing an annual salary for the treasurer of Haralson County, so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in his office; and for other purposes.
HB 623. By Messrs. Murphy and Dean of the 19th: A Bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and ordinary of Haralson County; and for other purposes.
HB 624. By Messrs. Murphy and Dean of the 19th: A Bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the salary of the county commis sioner of Haralson County; and for other purposes.
HB 633. By Messrs. Jones, Pickard and Buck of the 84th, Thompson and Berry of the 85th and Davis of the 86th: A Bill to amend the Act creating the Board of Commissioners of Muscogee County to empower the Commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said County, and the Muscogee County Airport; and for other purposes.

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HB 5. By Mr. Harris of the 77th:
A Bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to change the provision relating to population of counties to which Section 8 does not apply; and for other purposes.

HB 290. By Messrs. Odom, Busbee, Lee and Hutchinson of the 61st:
A Bill to amend an Act providing a new charter for the City of Albany, so as to provide for the extension of water service and water distribu tion system and all necessary appurtenances connected therewith out side the city limits of the City of Albany; and for other purposes.

HB 304. By Mr. Jordan of the 74th:
A Bill to amend Code Section 32-942 relating to the keeping of school funds, separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; and for other purposes.

HB 319. By Mr. McClatchey of the 113th:
A Bill to amend an Act known as the "Georgia Securities Act", so as to redefine insurance or endowment policies or annuity contracts or variable annuity contracts which shall not constitute "Securities" as such term is used in the Georgia Securities Act; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 37. By Mr. Mauldin of the 12th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Associa tion may become members of said Retirement System; and for other purposes.

HB 110. By Messrs. Gunter and Moore of the 6th: A Bill to amend an Act consolidating the offices of Tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.
HB 154. By Messrs. Lane of the 101st, Hood of the 99th, Adams of the 100th, and Bond of the llth, and Marcus of the 105th and others: A Bill to amend the Act providing that cities having a population of

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1543

more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; and for other purposes.

HB 320. By Mr. McClatchey of the 113th:
A Bill to amend Title 56 of the Code of Georgia, relating to the regula tion of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.

HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A Bill to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 411. By Messrs. Ballard of the 23rd, Vaughn of the 74th, Bell and Morris of the 73rd, and others:
A Bill to amend an Act relating to the Stone Mountain Judicial Circuit, so as to provide that the salary of the judges of the Superior Court shall be supplemented by payments to be made from the county treasuries of the various counties composing the circuit; and for other purposes.

HB 634. By Mr. Brooks of the 17th:
A Bill to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 100. By Senator Broun of the 46th: A Resolution commemorating James Melton; and for other purposes.

The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit.

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SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A Bill to amend an Act establishing a retirement system for teachers in the State public schools so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' School overseas; and for other purposes.

SB 238. By Senators Hensley of the 33rd, Fincher of the 51st, London of the 50th, and Andrews of the 49th:
A Bill to amend an Act approved April 14, 1967, so as to authorize State Highway Department to acquire and convey rights of way and easements to Federal Government, for the Federal construction of Blue Ridge Parkway; and for other purposes.

SB 53. By Senators Ward of the 39th, Maclntyre of the 40th, Johnson of the 38th, and others:
A Bill to amend an Act approved August 13, 1924 and the several Acts amendatory thereof, providing for a system of pensions and other bene fits for members of paid fire departments in cities having population of more than 150,000; and for other purposes.

SB 66. By Senators Johnson of the 38th, Hardy of the 56th, Coggin of the 35th, and others.
A Bill to provide for the compensation of the sheriff of certain coun ties, and the procedure connected with the payment thereof; to provide an effective date; to specifically repeal certain laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.
Referred to the Committee on Education.

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1545

SB 53. By Senators Ward of the 39th, Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to be entitled an Act to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other pur poses.
Referred to the Committee on Local Affairs.

SB 66. By Senators Johnson of the 38th, Hardy of the 56th, Coggin of the 35th, and others:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure connected with the payment thereof; and for other purposes.
Referred to the Committee on Local Affairs.

SB 80. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions for members of police departments of cities of more than 150,000 in population, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.
Referred to the Committee on Local Affairs.

SB 99. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act amending the Act establishing the Criminal Court of Atlanta, so as to change the provisions relating to the filling of vacancies occurring in the offices of Judge and Solicitor General of said court; and for other purposes.
Referred to the Committee on Local Affairs.

SB 100. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend the Act creating the Civil Court of Fulton County, so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.

SB 133. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, and Johnson of the 38th.
A Bill to be entitled an Act to amend an Act establishing a new

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charter for the City of Atlanta, relating to appointment of judges in the office of presiding judge or associate judge of the municipal court; and for other purposes.
Referred to the Committee on Local Affairs.

SB 216. By Senator Smith of the 18th:
A Bill to be entitled an Act to designate and establish the State Court of Houston County as the "special court" provided for by Art. VI, Sec. IX, Para. I of the Constitution; and for other purposes.
Referred to the Committee on Local Affairs.

SB 220. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to redefine the City Limits of said City; to provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.

SB 232. By Senator London of the 50th:
A Bill to be entitled an Act to create a Board of Commissioners of Rabun County; to provide for a special election; to provide for com missioner districts; and for other purposes.
Referred to the Committee on Local Affairs.

SB 238. By Senators Hensley of the 33rd, Pincher of the 51st, London of the 50th, and Andrews of the 49th:
A Bill to be entitled an Act to amend an Act approved April 14, 1967 (Ga. Laws 1967, p. 604), so as to authorize State Highway Department to acquire and convey rights-of-way and easements to Federal Govern ment for the Federal construction of Blue Ridge Parkway; and for other purposes.
Referred to the Committee on Highways.

SB 243. By Senators Coggin of the 35th and Padgett of the 23rd:
A Bill to be entitled an Act to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibition on any permanent race track or other place where races or examinations are held unless there shall first be obtained a license as set forth herein; and for other purposes.
Referred to the Committee on Motor Vehicles.

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1547

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 611. By Mr. Matthews of the 63rd:
A Bill to be entitled an Act to repeal an Act known as the "Georgia Agricultural Commodities Promotion Act", as amended, and to enact in lieu thereof an Act to be known as the "Georgia Agricultural Commodities Promotion Act", so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; and for other purposes.

The following Committee amendment was read and adopted:

The Committee of the House on Agriculture moves to amend HB No. 611 by striking Section 15 in its entirety and inserting a new Section 15 to read as follows:
Section 15. (a) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this Act, shall be made effective by the commission or Commissioner until it is found one or more of the following: (1) that such marketing order or amendment thereto has been assented to in writing by not less than sixty-five percent (65%) of the producers who are engaged, within the area specified in such marketing order or amendment there to, in the production for market or engaged in such producer marketing, of not less than fifty-one percent (51%) of the agricultural commodity specified therein in commercial quantities, or (2) that such marketing order or amendment thereto has been assented to in writing by pro ducers who produce not less than sixty-five percent (65%) of the volume of such agricultural commodity and by fifty-one percent (51%) of the total number of producers so engaged, or (3) that such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than fifty-one percent (51%) of the total number of producers of said commodity of record with the department who marketed not less than fifty-one (51%) of the total quantity of said commodity marketed in the next preceding marketing season by said total number of producers of record with the department. When ever any marketing order or any major amendment to any marketing order is issued by the commission, they shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum.
If the Commissioner or commission determines that a referendum shall be had, the Commissioner or commission shall establish a referen dum period of thirty (30) days. At the close of such referendum period, the Commissioner or commission shall count and tabulate the ballots filed during said period. If from such tabulation the Commis sioner or commission finds that the number of producers voting in

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favor of such marketing order or amendment thereto is not less than fifty-one percent (51%) of the total number of producers of record with the department and that such producers who voted in favor of said marketing order or amendment thereto marketed not less than fifty-one percent (51%) of the total volume of such commodity marketed by all producers of record with the department during the marketing season next preceding such referendum the Commissioner or commission may make such marketing order or amendment thereto effective. The Commissioner and commission are authorized to prescribe such additional procedures as may be necessary to conduct such referendum.

At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affects producers or producer marketing, the Commissioner or com mission shall also receive testimony or evidence from which he or they can determine whether the assent, approval or favor of such producers shall be determined by written assents or by referendum as hereinabove prescribed. Upon the conclusion of any hearing which in volves a marketing order or a major amendment thereto directly affecting producers or producers marketing, the Commissioner or com mission shall make a finding, based upon testimony and evidence re ceived, whether producer assent, approval or favor shall be determined by written assents or by referendum. If the Commissioner or commis sion finds that a referendum shall be had, he or they shall direct that a referendum be held in accordance with the provisions of subdivision (a) of this section.
Any referendum or assent in writing to a marketing order under the provisions of paragraphs (3), (5), and (6) of section 13 shall be held pursuant to the provisions of this Section and upon the approval thereof by two-thirds of those voting therein where the total vote cast thereon represents not less than 25% of those eligible to vote or where the total vote cast thereon represents not less than 25% of the total amount of the affected agricultural commodity, such marketing order may be declared by the commission to be approved.
In the event of the failure of any proposed marketing order to be approved, no additional referendum shall be held during a period of twelve (12) months from the date of the close of the previous referen dum period.

(b) Subject to the provisions, restrictions and limitations imposed herein, the Commissioner or commission may issue marketing orders regulating producer marketing, the processing, distributing or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing or handling of such agricultural commodities within this State.

(c) Upon the recommendation of not less than three of the appoin tive members of the commission, the Commissioner or commission may make effective minor amendments to a marketing order. The Com missioner or commission may require a public hearing upon minor amendments if in his or their opinion the substance of such minor

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amendments so warrant; the Commissioner or commission shall, how ever, not be required to submit minor amendments for written assents or referendum approval.

In making effective major amendments to a marketing order the Commissioner or commission shall follow the same procedures prescribed in this Act for the institution of a marketing order. For the purpose of this Act a major amendment to a marketing order shall include but not be limited to any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:

(1) Authority for regulating the period or periods during which any agricultural commodity or any grade, size or quality of such commodity may be processed, distributed or otherwise mar keted within the State of Georgia.

(2) Authority for the establishment of uniform grading and inspection of any agricultural commodity and the establishment of grading standards of quality, condition, size or pack of such commodity.
(3) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity.
(4) Authority to prohibit unfair trade practices.
(5) Authority for carrying out research studies in the pro duction, processing or distribution of any agricultural commodity.

(6) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect.
(7) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural com modity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of any such commodity.

Modification of any provisions of any marketing order in effect for the purpose of clarifying the meaning or application of such provisions or modifying administrative procedures for carrying out such provisions are hereby declared not to be a major amendment of such marketing order.

(d) Upon issuance of any order making effective a marketing order, or any suspension, amendment or termination thereof, a notice thereof shall be posted on a public bulletin board to be maintained by the Commissioner or commission in the office and a copy of such notice shall be published as the Commissioner or commission may prescribe. No marketing order or any suspension, amendment or termina tion thereof shall become effective until the termination of a period of five (5) days from the date of such posting and publication. It also

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shall be the duty of the Commissioner or commission to mail a copy of the notice of said issuance to all persons, directly affected by the terms of such marketing order, suspension, amendment or termination, whose names and addresses may be on file in the office of the Com missioner or commission and to every person who files in the office of the Commissioner or commission a written request for such notice.

(e) The Commissioner or commission shall have power, consistent with this Act and in accordance with the provisions of marketing orders and agreements made effective hereunder, to establish such general rules and regulations for uniform application to all marketing orders issued hereunder as may be necessary to facilitate the ad ministration and enforcement of such marketing orders. The provisions of paragraph (d) of this section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this paragraph and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or commission for each marketing order in active opera tion.

(f) Upon recommendation of the commission concerned, the Commissioner shall have power, consistent with this Act, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration and enforcement of each such order. The provisions of paragraph (d) of this section relative to posting, publication, mailing of notice and time of taking effect shall be applicable to any such administrative rules and regulations.

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 102, nays O.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 784. By Messrs. Williams of the llth, Anderson of the 49th, Johnson of the 29th, Cole of the 3rd, Harris of the 10th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate any facility within the State where any motor vehicle shall engage in any contest of speed

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1551

or endurance unless the facility shall be so constructed that it is impossible for any motor vehicle engaging in such contest to strike or injure any person not engaging in any such contest; and for other purposes.

The following substitute, offered by Mr. Williams of the llth, was read:
A BILL
To be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endur ance unless any such person, firm or corporation shall have in full force and effect a liability insurance policy providing coverage for the pro tection of such person, firm or corporation from any legal liability aris ing out of any injury to any person which shall be sustained on such fa cilities; to provide for minimum limits for such policies; to require any person, firm or corporation conducting any such contest of speed or en durance to obtain a permit from the sheriff of the county wherein such contest shall occur; to provide the procedures connected therewith; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. It shall be unlawful for any person, firm or corpora tion to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless such person, firm or corporation shall have in full force and effect a liability insurance policy with a company which has at least a triple A rating by Best's Insurance Guide providing coverage for the protection of such person, firm or corporation from any legal liability arising out of injury to any person which shall be sustained on such facilities, such policy shall contain limits of coverage for protection from such liability of at least $100,000.00 for the injury to any one person and of at least $1,000,000.00 for any one occurrence.
Section 2. It shall be unlawful for any person, firm or corpora tion to operate any facility within this State where any motor vehicle shall engage in any contest of speed or endurance unless such person, firm or corporation shall have obtained from the sheriff of the county wherein such contest shall occur a permit to operate such contest. The sheriff shall issue to each applicant for a permit to conduct such a contest a permit authorizing such contest only if the applicant shall present satisfactory proof that he has in full force and effect a policy of liability insurance as provided for above.
Section 3. Any person, firm or corporation violating the provisions of this Act shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for one year and fined $2,000.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the floor substitute were read and adopted:

Mr. Moore of the 6th moves to amend the floor substitute to HB 784 by adding to Section I, eleventh line after the word "injury" the words "or death".

Mr. Scarlett of the 67th moves to amend the floor substitute to HB 784 as follows:

By striking the word "sheriff" in Section 2 and substituting therefor the words "the governing authority of said county.".

Mr. Grahl of the 40th moves to amend the floor substitute to HB 784 as follows:

New Section known as Section 4, and Section 4 shall become Section 5 and Section 5 shall become Section 6. The new Section 4 shall read as follows:

For the purpose of this Act motor vehicle shall be defined as any motor vehicle over 500 pounds in weight.

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 Alexander

Anderson Atherton

Ballard Barber

Battle Bell Berry Black Blalock Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dodson Dorminy Douglas Egan Ellis Evans Ezzard Fallin Farrar Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat

MONDAY, MARCH 10, 1969
Grahl Graves Gunter Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, M. Jordan, H. S. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Moore Morris Mullinax

1553
Murphy Nash Nessmith Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Patterson Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts Rainey Roach Ross Rowland Rush Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Ware Westlake Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.:

Jones, Herb Leonard

Milford Phillips, W. R.

Simmons Whaley

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Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Brantley, H. L. Bray Brooks Burruss Collier Cook Daugherty Dickinson

Dixon Edwards Farmer Pelton Hadaway Hamilton Hill, B. L. Hill, G. Jordan, G. Keyton Lee, W. S. Matthews, D. R.

McDanieli Miles Moate Odoin Peters Poole Reaves Russell Sweat Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 563. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Parker of the 46th, Lambert of the 25th and Howell of the 60th:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to reorgan ize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; and for other purposes.

The following Committee amendment was read and adopted:
The State of Republic Committee moves to amend House Bill 563 as follows:
(1) By deleting from the title the following:
"to authorize the superintendent in those election districts using vote recorders to make a duplicate ballot card on which any invalid vote shall be omitted, or count write-in ballots in the same manner as paper ballots are counted, in any instances where invalid votes are cast on an absentee ballot; to provide the procedure for tabulating write-in ballots in counties using vote recorders",
and substituting in lieu thereof the following:
"to authorize the superintendent in those election districts using vote recorders to make a duplicate ballot card on which any invalid vote shall be omitted, or count write-in ballots in such manner as

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State Election Board rules may prescribe, omitting the invalid vote, in any instance where invalid votes are cast on a write-in ballot; to
provide that candidates in special elections shall not be listed accord ing to party affiliation unless candidate has been nominated in a special primary;".

(2) By striking in its entirety subsection (b) of Code Section 341303, which subsection is quoted in Section 2 of said bill, and substitut ing in lieu thereof a new subsection (b) to read as follows:

" (b) The registrars shall, prior to the hour appointed for open ing the polls, place in the possession of the managers in each election district one copy ol the certified electors list for such district, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be di vided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. In a primary, where the parties do not agree to have only one set of managers for an election district, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the election dis trict in the immediately preceding governor's election. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists."

(3) By inserting in the first sentence of Section 5, immediately before the words "Code Section 34-1308", the following:

"subsection (c) of".

(4) By striking from quoted subsection (a) in Section 7 the following:

"and the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, shall also be entered by a poll officer upon the electors list".

(5) By adding at the end of Section 13 the following:

"and by adding in subsection (d) of Code Section 34-1319, fol lowing the second sentence, the following, 'The number strip shall be deposited in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs.' "

(6) By adding between the words "space" and "write", as they appear in the quoted portion of Section 14, the following:

"instructions for voting in primaries and elections."

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(7) By inserting between Section 14 and 15 a new Section, to be numbered Section 14A, and to read as follows:

"Section 14A. Said Chapter is further amended by deleting from subsection (d) of renumbered Code Section 34-1330 the second sentence thereof and substituting in lieu thereof the following: 'Where two or more persons are to be elected to the same office, and the names of such candidates are placed upon or adjacent to a single key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear.'"

(8) By striking in its entirety Section 34-1315, which Section is quoted in Section 15 of said bill, and substituting in lieu thereof the following:

"Section 34-1315. Opening of polls; posting cards of instruc tions and notices of penalties.--In districts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them, and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in Section 34-1321. At the opening of the polls the seals of the packages furnished by the superintendent shall be publicly broken, and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment, and not less than three such cards and notices of penalties, shall be immediately posted in or about the voting room outside the enclosed space, and such cards of instruc tion and notices of penalties shall be given to any elector at his request so long as there are any on hand."

(9) By striking the caption from Section 34-1327, which Section is quoted in Section 30 of said bill, and substituting in lieu thereof the following:

"Opening of polls; posting of cards of instruction and notices of penalties; examination of voting machines."

(10) By striking Section 31 in its entirety and substituting in lieu thereof a new Section 31 to read as follows:

"Section 31. Said Chapter is further amended by renumbering Code Section 34-1328, relating to duties of poll officers after the
close of the polls in districts in which vote recorders are used, as Code Section 34-1336, and by striking the following phrase, 'where a duplicate ballot card shall be made on which any invalid vote may be omitted,' from renumbered Section 34-1336 (f), and substituting

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in lieu thereof the following: 'in the discretion of the superintend ent, either: (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote;' so that when so amended subsection (f) of Code Section 34-1336 shall read as follows:

'(f) Examine each write-in vote to ascertain whether it is valid by checking with the vost cast on the ballot card by the same elector; and if any vote cast on the write-in ballot in combination
with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote 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 writ ten 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, in the discretion of the superintendent, either: (i) a dupli cate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election
Board rules, omitting the invalid vote.' "

(11) By deleting from Section 34-1338 (a) (iii), which Section is quoted in Section 38 of said bill, the following:

"officer in charge of the tabulating machine" as it appears in the first sentence thereof, and substituting in lieu thereof:

"proper election official at the tabulating center," and by deleting

"by either of the above methods except that the invalid vote shall not be recorded,",

and substituting in lieu thereof the following:

"by either of the methods prescribed in Section 34-1336(f),",

so that when so amended said subsection (iii) shall read as follows:

"(iii) If it appears that a ballot card is so torn, bent or other
wise defective that it cannot be processed by the tabulating machine, the superintendent, in his discretion, may either: (a) order that the ballot card be counted in the same manner as paper ballots are counted; or (b) order the proper election official at the tabulating center to prepare a true duplicate copy for processing with the bal lot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word 'Duplicate' and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defec tive card. Any ballot card returned by the managers with the nota-

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tion that the votes cast for a particular office are invalid shall, after inspection, be processed by either of the methods prescribed in Sec tion 34-1336 (f)."

(12) And, by renumbering Section 39 as Section 40 and by insert ing after Section 38 a new Section 39 to read as follows:

"Section 39. Said Chapter is further amended by adding im mediately before Code Section 34-1301 the following: 'A. General Provisions.'"

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 Atherton Ballard Barber Battle Berry Black Bohannon Bond Bo wen Brantley, H. H. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Connell

Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl

Graves Gunter Hadaway Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick

Lee, W. J. (Bill) Leonard Levitas Lewis Lowrey Marcus Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Mullinax Murphy Nash Northcutt Nunn Pafford

MONDAY, MARCH 10, 1969
Parker, C. A. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons

1559
Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Barfield Bell Bennett Blalock Bostick Brantley, H. L. Caldwell Dent Dickinson Hale Hamilton

Harris, J. F. Howell Jordan, G. Lane, W. J. Lee, W. S. Longino Matthews, C. Matthews, D. R. Moate Moore Morris

Nessmith Odom Paris Parker, H. W. Pickard Poole Reaves Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 109. By Mr. Graves of the 9th: A Bill to be entitled an Act to amend an Act providing a salary from

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State funds for each district attorney, so as to clarify the provisions thereof relative to the payment of the contingent expense allowance and other compensation provided for the district attorneys; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing a salary from State funds for each district attorney, approved April 8, 1968 (Ga. Laws 1968, p. 992), so as to provide for the manner in which the contingent expense allowance provided for the district attorneys shall be paid to a district attorney or to the counties comprising his judicial circuit; to provide that at such time as a district attorney shall receive the State salary provided by said Act, the district attorney shall receive no other compensation from the State, except as shall be provided for in said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OR GEOR GIA:
SECTION 1
An Act providing a salary from State funds for each district at torney, approved April 8, 1968 (Ga. Laws 1968, p. 992), is hereby amended by striking in its entirety Section 5 and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) Each district attorney shall continue to receive the contingent expense allowance authorized for district attorneys under the provisions of an Act approved March 10, 1966 (Ga. L. 1966, p. 438), and amendments thereto, until such time as is pro vided in Section 1, at which time such allowance shall be paid as follows:
(i) If the expenses of the district attorney's office are paid by the county or counties comprising the judicial circuit of the district attorney pursuant to the provisions of Section 7 of this Act, or if such expenses are paid pursuant to the provisions of a local Act governing the subject matter, then the district attorney shall not receive such allowance after such time and said allowance shall be paid to the county or counties comprising said circuit, in accordance with the ratio which each county's share of the district attorney's expenses actually paid bears to the total expenses paid by all of the counties comprising said circuit. Such funds as shall be received by the counties under the provisions of this subparagraph shall be used exclusively by such counties to meet the pay ment of the expenses of the district attorney's office.

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1561

(ii) If such expenses connected with the district attorney's office are not paid as provided in subparagarph (i) above, then the district attorney shall continue to receive such allowance. In order to be entitled to receive such allowance pursuant to the provisions of this subparagraph, the district attorney shall file with the State Treasurer, on or before the first day of July of each year, an affidavit in which he shall attest that the expenses connected with his office are not now being paid and to his knowledge will not be paid during the ensuing fiscal year by the county or counties comprising his judicial circuit.

(b) At such time, as is provided in Section 1, each district at torney shall not be entitled to and shall not receive any other com pensation from the State of Georgia for his services as a district attorney of a judicial circuit of this State or as a solicitor of any other court, except in accordance with and pursuant to the provisions of this Act, regardless of in what capacity they may have been rendered and notwithstanding the provisions of any other laws of the contrary."

SECTION 2
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bond Brown, B. D. Cato Collins, S. Conger
Cook Dean, J. E. Douglas Egan Floyd, J. H. Gary Gaynor

Geisinger Graves Harrison Hawes Hill, B. L.
Horton Lee, W. J. (Bill) Lowrey Mason Mauldin Nash Northcutt

Peters Peterson Pickard Scarlett Shanahan
Thompson, R. Toles Townsend Wamble Winkles

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Those voting in the negative were Messrs.

Adams Alexander Atherton Ballard
Barber Battle Bell Berry Black Blalock Bostick Bowen Brantley, H. L.
Bray Brooks Brown, C. Buck Burruss Busbee Carnes Gates Chandler Cole Collins, M. Colwell Connell Conner Cooper Crowe Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Edwards Evans Ezzard Farmer Farrar Felton

Funk Gignilliat Grahl Gunter
Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Hill, G. Holder
Hood Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb
Jones, M. Jordan, H. S.
Keen Keyton Knowles Kreeger Lambert Lane, W. J. Leonard Le vitas Lewis Longino Marcus Matthews, C. Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford

Miller Moate Moore Morris Mullinax Murphy Nessmith
Nunn Pafford Parker, C. A. Parker, H. W. Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Rainey Roach Ross Rowland Rush Russell Salem Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Vaughn Ware Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those not voting were Messrs.:

Anderson Barfield Bennett Bohannon Brantley, H. H. Caldwell Clarke

Collier Dailey Daugherty Dickinson Ellis Fallin Floyd, L. R.

Hale Hamilton Higginbotham
Howell Jordan, G. Knapp Lane, Dick

Lee, W. S. Matthews, D. R. Odom Paris Patterson

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1563

Pinkston Poole Reaves Scarborough Simmons

Sweat Westlake Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 34, nays 127.

The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

The following Bill of the House was taken up for the purpose of consider ing the Senate substitute thereto:

HB 634. By Mr. Brooks of the 17th:
A Bill to be entitled an Act to incorporate and provide a charter for the City of Arnoldsville in Oglethorpe County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to incorporate the City of Arnoldsville in the County of Oglethorpe; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the govern ment of said city; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the organization and ad ministration of said city; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for registration of voters; to pro vide for the method of conducting elections; to provide for the estab lishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to pro vide for the jurisdiction of the recorder's court; to provide for ap peals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide severability; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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ARTICLE I.

CHARTER, CITY LIMITS AND CORPORATE POWERS

Section 1.01. This Act shall constitute the whole charter of the City of Arnoldsville, Georgia, in the County of Oglethorpe, which with its inhabitants are hereby constituted and declared to be a body politic and corporate by the name of the City of Arnoldsville, Georgia, and by that name shall have perpetual succession, may contract and con tract with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.

Section 1.02. City Boundaries. The boundaries of the City of Ar noldsville shall include that territory hereinafter described:

All of that tract and parcel of land lying and being in Georgia, Oglethorpe County, 1303 District GM, lying in what is known as the Arnoldsville Community of said county and being more par ticularly described as follows: BEGINNING at a point which is located South 26 30' West 1780 feet of a point which is located in the center of the intersection of the Georgia Railroad right-ofway and a paved road crossing said Georgia Railroad right-of-way and said intersection being near the Arnoldsville post office; and thence running North 15 East 7590 feet to a point; thence run ning South 75 East 1320 feet to a point; thence running South 15 West 7590 feet to a point; and thence running North 75 West 1320 feet to the beginning point.

Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the city council, may include the following:

(a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation.

(b) To levy and to provide for the collection of license fees and taxes on privileges, occupation, trades and professions.

(c) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or State interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the gen eral laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.

(d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city.

(e) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the

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city council, under Section 36-202 of the Code of Georgia of 1933, or under other applicable public acts.

(f) To acquire, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, and a community antenna television system, subject to the provisions
of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may pre scribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes.

(g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service appli cable to the service to be provided by the franchise grantee or con tractor, insofar as not in conflict with such regulations by the Public Service Commission.

(h) To provide for the acquisition, construction, building, opera tion and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use there of, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia of 1933, or other appli
cable public acts.

(i) To prescribe standards of health and sanitation and to pro vide for the enforcement of such standards.

(j) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same reme
dies, as a lien for city property taxes.

(k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general wel fare of inhabitants of the city.

(1) To define a nuisance in the city and to provide for its abate ment. The recorder of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be ad-

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judged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so.

(m) To establish minimum standards for, and to regulate build ing construction and repair, electrical wiring and equipment, gas in stallation and equipment, plumbing, and housing for the health, sani tation, cleanliness, welfare and safety of inhabitants of the city and to provide for the enforcement of such standards.

(n) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the public streets of the city as provided by ordinance; or the council may pro vide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers.

(o) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance or lawful orders, also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for viola tion of ordinances enacted hereunder.

(p) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking space in public ways for the use of such vehicles.

(q) To levy and provide for the collection of special assessments to cover the costs for any public improvements.

(r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the mayor and council in such ordi nance, rule, regulation, or order but not exceeding the limitations pre
scribed by this charter.

(s) To exercise and enjoy all other powers, functions, rights, privi leges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully
enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of the State.

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(t) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hos pitals, and libraries.

(u) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways without notifi cation.

ARTICLE II.
CITY GOVERNMENT
Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Arnoldsville shall be vested in a mayor and five councilmen to be known as the "Mayor and Council of the City of Arnoldsville". The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their pow ers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Arnoldsville.
Section 2.02. Qualifications for Mayor and Councilmen. To be eli gible for the office of mayor or councilman, a person must be at least twenty-one years of age, be a freeholder of the city, and must meet the requirements of a qualified elector for members of the General As sembly, except as hereinabove stated, as prescribed by State law and must have been a bona fide resident of the City of Arnoldsville for at least one year next preceding the election in which he offers as a candidate.
Section 2.03. Election of Mayor and Councilmen. (a) On the sec ond Tuesday in December in 1969, an election shall be conducted by the ordinary of Oglethorpe County during the same hours and at the same places for holding general elections and under the election laws of this State, to elect a mayor and five councilmen from the city at large. Any elector who meets the qualifications under Section 2.02, ex cept the residential qualifications of one year, may be qualified as a candidate by qualifying with said ordinary at least fifteen days in ad vance of the election. Each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman.
(b) In the first election as provided herein, the five candidates for councilmen receiving the highest number of votes and the mayor shall take office on the first day of January following their election and shall serve for a term of office of one year and until their suc cessors are duly elected and qualified.

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(c) After the first election provided above, subsequent elections shall be conducted by the city election managers during the same hours and at the same time and place for holding general elections and under election laws of this State. Any elector who meets the qualifications under Section 2.02 may be qualified as a candidate by qualifying with the city clerk as provided in Section 5.01. Successors who are elected to the initial positions of mayor and councilmen, as provided for herein, shall be elected on the second Tuesday in December of each year and
they shall take office on the first day of January following their elec tion and serve for a term of one year and until their successors are duly elected and qualified.

(d) No formality shall invalidate an election, provided it is con ducted fairly and in substantial conformity with the requirements of this Act and the general election laws of this State.

Section 2.04. City Council. The governing body of said city shall be composed of a mayor and five councilmen, in which is vested all corporate, legislative and other powers of the city, except as other wise provided in this Act. The Council shall hold regular public meet ings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro tern and two councilmen, and notice of which has been served on the other members personally or left at their residence at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the written call may be transacted at a special meeting, except by unanimous con sent of all members of the council. The council shall exercise its pow ers in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and by-laws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior con ducted in the presence of the council.

Section 2.05. Mayor as Presiding Officer. The mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may at the same meeting or at any subsequent meeting within thirty days, pass any such ordinances, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may ob
tain short-term loans in the name of the city when authorized by the
council to do so; shall sign deeds, bonds and contracts when autho
rized by the council to do so; and shall perform such other duties im
posed by this charter and duly adopted ordinances.

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Section 2.06. Mayor Pro tern. The council at the first regular meeting, and after the newly elected councilmen have taken office fol lowing each regular election, shall elect from its membership a mayor pro tern for a term of one year. Upon the council's failure to elect a mayor pro tern at its first meeting in February of each year, the in cumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro tern. The mayor pro tern shall perform the duties of the mayor during his absence from the city or his disability.

Section 2.07. Vacancy in Office of Mayor or Councilmen. (a) A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election
laws.

(b) The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term.

(c) At no time shall there be more than one council member so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of forty-five days after the office becomes vacant pursuant to a call of a spcial election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing va cancy shall be filled for the unexpired terms in a special election: Provided, however, if a regular election for the city shall be held within three months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election.

(d) In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia of 1933) as it now exists or may hereafter be amended.

Section 2.08. Compensation and Expenses. The council may deter mine the salary of the mayor and councilmen by ordinances, provided that salary changes enacted shall not become effective until the expira tion of a period of six months after such change. Each councilman and the mayor, when authorized by the council and upon presentation of itemized vouchers sahll receive their actual and necessary expenses incurred in the performance of their duties of office.

Section 2.09. City Clerk, (a) The council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the

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text of each resolution or ordinance considered; preparing and certify ing copies of official records in his office, for which fees may be pre scribed by ordinance; and performing such other duties as may be required by the council or mayor.

(b) The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the mayor and council, but not less than $2,500.00, said bond payable to the City of Arnoldsville, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city.

Section 2.10. City Legislation, (a) Any action of the council, hav ing a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The af firmative vote of at least three members of the council shall be re quired to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.

Section 2.11. Readings. No ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive council meetings not less than seven days apart.

ARTICLE III.
ORGANIZATION AND PERSONNEL
Section 3.01. Organization. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employ ment, departments and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment, and may transfer or change the functions and duties of office, positions of employment, departments and agencies of the city.
Section 3.02. Administrative Duties of Mayor. The mayor shall be the executive head of the city government, responsible for the ef ficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordi nances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may con duct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordi nance not inconsistent with this charter.

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Section 3.03. City Attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representating and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the recorder's court, shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs.

Section 3.04. Oath of Office. Before a person takes any office in the city government, he shall take before an officer of the State, au thorized to administer oaths, the following such oath or affirmation:

"I solemnly swear (or affirm) that I will support the Constitu tion of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the charter and ordinances of the City of Arnoldsville, and I will faithfully discharge the duties of the office of ____________________. So help me God."

Section 3.05. Political Activity Prohibited. No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for election to any city office.

Section 3.06. Personal Financial Interest. Any city officer or em ployee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest by an nouncement at a council meeting or in writing to the city clerk and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who wil fully conceals such financial interest or wilfully violates the require ments of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council.

Section 3.07. City Planning and Renewal. The council may create and establish a planning commission pursuant to the provisions of gen eral law as they now exist or as they may hereinafter be amended.

ARTICLE IV.
FISCAL ADMINISTRATION
Section 4.01. Fiscal Year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordi nance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and

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reporting of every office, department, agency and activity of the city government, unless otherwise provided by law.

Section 4.02. Mayor to Submit Annual Budget. On or before a date fixed by the council, but not later than forty-five days prior to the be ginning of each fiscal year, the mayor shall submit to the council a pro posed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year, (b) ap propriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabili ties, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, as may be considered necessary by the mayor and council.
Section 4.03. Action by Council on Budget. Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordi nance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If condi tions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose.
Section 4.04. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only for an existing unappropriated surplus in the fund to which it applies.
Section 4.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.

Section 4.06. Capital Improvements Budget, (a) On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not au thorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants,

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when passed hy four-fifths vote to the membership of the Council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition.

(b) Before the beginning of the ensuing year, the council shall adopt an appropriate ordinance based on the proposed capital improve ments budget, with such modifications as the council considers neces sary or desirable. No appropriation provided for in the captial improve ments budget shall lapse until the purpose for which the appropriation, was made shall have been accomplished or abandoned, provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council.
Section 4.07. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus or unusable at public or private sale, with or without advertisement; and for such considera tion as the mayor and council shall deem equitable and just to the city.
Section 4.08. Annual Audit. The mayor and council shall employ a public accountant or certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman.
Section 4.09. Publication of Financial Statement. As soon as prac ticable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal ac counts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year.

Section 4.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. If such return is not made, the mayor and council is authorized to assess a penalty of not more than ten percent of the taxes due on said property. Taxes shall be due on October 1 of each year and shall become past due or delinquent if not paid on or before December 20, of each year. The council by ordinance may elect to use the county assess ment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Geor gia law. If an independent city assessment is made, a board of equaliza tion, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by ordinary mail, of a new or increased assessment; provided that such

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notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law.

Section 4.11. Tax Levy. The council shall make a tax levy, expresssed as a fixed millage rate per $100.00, but not in excess of an aggregate of twenty mills, of assessed valuation.

Section 4.12. Tax Bills, (a) The city shall send tax bills to taxpay ers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20, of each year, at which time a penalty of ten percent in addition to a fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of
record.

(b) Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxa tion, to provide for the compelling of such return, and to provide penal ties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; to provide the time or times when said taxes shall be due and
payable.

Section 4.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the chief of police under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes.

Section 4.14. Transfer of Executions. The city clerk of the City of Arnoldsville shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property

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where sold under State or county ad valorem tax fi. fa., as the same now exists, or as may from time to time be provided by law.

Section 4.15. Special Assessments. The council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven per cent per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes.

ARTICLE V.
ELECTIONS
Section 5.01. Qualification of Candidates. Any person desiring to become a candidate in any regular or special election, shall file written notice of his candidacy with the city clerk not less than fifteen days prior to the date fixed for the holding of any such election. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by ordinance: Provided, however, such qualification fee shall not exceed $50.00.
Section 5.02. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Arnoldsville for ninety days next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter.
Section 5.03. Applicability of General Laws. Except as otherwise provided by this charter, the election of all officials of the City of Arnoldsville where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended.
Section 5.04. Place of Elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law.
Section 5.05. Voter Registration. In all elections held in the City of Arnoldsville, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance.

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Section 5.06. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Section 5.07. Absentee Ballots. The mayor and council in its dis cretion is authorized to provide by ordinance for absentee ballots for any city election.

ARTICLE VI.
RECORDER'S COURT
Section 6.01. Creation. There is hereby established a court to be known as the "Recorder's Court", City of Arnoldsville which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or to persuade another whose testimony is desired or material in any pro ceeding before said court, to go or move beyond the reach of the proc ess of the court; to try all offenses within the territorial limits of the City of Arnoldsville constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of any in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to ad minister oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the "recorder". Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the council.
Section 6.02. Recorder, (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one years, shall be qualified to vote in Arnoldsville, and Oglethorpe County, and shall have resided therein at least one year immediately preceding his election. The recorder shall be appointed by the mayor and council, and shall serve at the discretion of the mayor and council. The compen sation of the recorder shall be fixed by the mayor and council. Nothing herein shall disqualify the mayor or any councilman from serving as recorder or recorder pro tern.
(b) Before entering on duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council.

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Section 6.03. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Arnoldsville passed in accordance with this charter, to an amount not to exceed $200.00, to imprison offenders for a period of not more than sixty days, or at labor on the roads and streets or other pub lic works of said city for not more than sixty days; and the said re corder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprison ment not exceeding twenty days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Arnoldsville which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of compe tent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the re corder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Arnoldsville. The re corder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particu larly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths.

Section 6.04. Right of Appeal. The right of appeal to the superior court of Oglethorpe County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the court of ordinary. An appeal to the superior court shall be a de novo proceeding.

Section 6.05. Court Costs. In all cases in the recorder's court of the City of Arnoldsville, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the city council may establish a schedule of fees to defray the costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of State law. The council may also provide a uni form scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The recorder, or the city clerk in the recorder's name, is hereby authorized to issue sub poenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary to the proper administration of said court.

Sction 6.06. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and sue-

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cessful administration of the business of said court: Provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia.

ARTICLE VII.
SEVERABILITY
Section 7.01. 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 so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

ARTICLE VIII.
EFFECTIVE DATE
Section 8.01. Effective Date. For the purpose of electing the mayor and council of the City of Arnoldsville, the provisions of this Act shall become effective upon approval by the Governor or upon becoming law without his approval. The provisions of this Act not related to the elec tion of the mayor and council shall become effective January 1, 1970.

ARTICLE IX.
REPEALER
Section 9.01. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Brooks of the 17th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed and the Senate substitute to HB 634 was agreed to.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

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HB 110. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, so as to change the salary of said tax commissioner and to change the method for determining his salary; and for other purposes.

The following Senate amendment was read:
Senate County and Urban Affairs Committee offers to amend HB 110 as follows:
By striking in its entirety quoted Section 3, which Section is quoted in Section 1 of said bill, and substituting in lieu thereof the following:
"Section 3. The salary of said tax commissioner shall be de termined by the Commissioners of Roads and Revenue of Haber sham County, but the said salary shall not be less than $8,000.00 per annum nor more than $12,000.00 per annum, payable in equal monthly installments from the funds of Habersham County. Not withstanding the above provisions to the contrary, any person who has served at least four years as tax commissioner of Habersham County shall receive a salary of not less than $9,000 per annum, and any such tax commissioner who serves at least eight years shall receive a salary of not less than $10,000 per annum. The salary of said tax commissioner, once it is set, shall not be de creased during any particular term of office of said tax commis sioner. The tax commissioner is authorized to appoint and employ a deputy tax commissioner and said deputy shall receive a salary of not less than $3,600 per annum to be fixed by the governing authority of Habersham County. If any person shall be appointed by the tax commissioner to serve as the deputy tax commissioner, who has been employed within the tax commissioner's office for at least three years, such deputy tax commissioner's office for at least three years, such deputy tax commissioner's compensation shall be at least $4,800 per annum. The tax commissioner is authorized to employ such additional personnel as may be necessary to operate the office of tax commissioner. The number of such employees and their compensation shall be subject to approval of the governing authority of the county and shall be paid in equal monthly install ments from the funds of Habersham County.
The necessary operating expenses of the tax commissioner's office shall be paid from funds of the county. All supplies, ma terials, furnishings, furniture, utilities and equipment, and the re pair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of such office shall be furnished by the county and shall be paid from funds of the county. The determination of such requirements shall be subject to approval of the governing authority of Habersham County."

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Mr. Gunter of the 6th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 110 was agreed to.

HB 528. By Messrs. Blalock, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee offers to amend HB 528 as follows:
By striking in Section 1.12 (19) after the phrase "main tenance of signs, billboards" and before the phrase "shrubs, fences, buildings and any and all other structures", the phrase "treees" and substituting in lieu thereof the following:
"trees"
And by striking in Section 6.12(a) after the phrase "a fine of two hundred dollars ($200)" and before the phrase "and as an alternative" the phrase "or imprisonment for forty (4) days or both," and substi tuting in lieu thereof the following:
"or imprisonment for forty (40) days or both,"
And by adding after the Section 7.19 an Appendix One to read as follows:
"APPENDIX ONE. Boundaries of the City of Senoia, Geor gia. The boundaries of the City of Senoia, Georgia shall embrace the territory contained within the limits of three-fourths (%) of a mile in every direction from the point of intersection of the centerlines of Seavy and Main Streets as said point is presently located in Senoia, in the County of Coweta."

Mr. Blalock of the 30th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

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1581

The motion prevailed and the Senate amendment to HB 528 was agreed to.

HB 320. By Mr. McClatchey of the 113th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry; to define the term "Variable Annuity Contract"; to provide various regulations of such contracts; and for other purposes.

The following Senate amendment was read:
Banking and Finance Committee offers the following amendment to HB 320:
By striking the first sentence of subsection (j) of quoted Code Section 56-1040 of Section 1 in its entirety and inserting in lieu thereof a new first sentence of subsection (j) of quoted Code Section 56-1040 of Section 1 to read as follows:
"Each domestic life insurance company shall have the power with the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable annuity contracts may be lawfully sold or offered for sale including, without limitation, the power to provide for management of a sepa rate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with such contracts such voting rights as are set forth in (d) above."

Mr. McClatchey of the 113th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 115, nays 0.

The motion prevailed and the Senate amendment to HB 320 was agreed to.

HB 572. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles without a warrant; and for other purposes.

The following Senate amendment was read:

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The Senate Committee on Public Utilities and Transportation offers the following amendment to amend HB 572:

By deleting in the caption after the phrase "to provide that persons so arrested" and before the phrase "be issued citations" the word "shall" and inserting in lieu thereof the word "may". By deleting Section 1 in its entirety and inserting in lieu thereof the following:

"Notwithstanding any other provisions of any law to the con trary, law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; provided said offense is committed in his presence. The officer may issue to such person and the date upon which shall enumerate the specific charges against such person and the date upon which he is required to appear and answer said charges. If any person shall fail to appear as specified in the cita tion, the judge having jurisdiction of the offense may issue a bench warrant ordering the apprehension of such person and com manding that he be brought before the court to answer the charges contained within the citation and the charge of his failure to appear as required."

The following House amendment to the Senate amendment was read and adopted:
Mr. Connell of the 79th District, Post 2, moves to amend the Senate Amendment to HB 572 as follows: By striking Section 1 set out in said Senate Amendment in its entirety and inserting in lieu thereof the following Section 1:
"Notwithstanding any other provision of any law to the con trary, law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation, providing said offense is committed in his presence. The officer may issue to such person a citation which shall enumerate the specific charges against such person and the date upon which said person is to appear and answer said charges. If such person shall fail to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant order ing the apprehension of such person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. Said person shall then be allowed to make a reasonable bond to appear on a given date before such court."

Mr. Connell of the 79th moved that the House agree to the Senate amendment, as amended by the House.

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1583

On the motion, the ayes were 108, nays 0.

The motion prevailed, and the Senate amendment to HB 572, as amended by the House, was agreed to.

The Speaker announced the House recessed until 1:30 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 amended the calendar for today's business, Monday, March 10, 1969, by adding and submitting the following:
HB 141. Employees of Public Schools, Retirement HB 212. Coastal Wetlands Protection Board--Reconsidered HB 216. County Officials, Abolish Pee S ystem HB 428. Dead Animal Disposal, Provide For HB 564. Privilege or Duty, Last Day for the exercise of HB 603. Traffic Violations, Point System HB 655. Board of Medical Examiners, Add Title HR 251-705. Commission for National Bicentennial Celebration HB 717. Criminal Code, Sentence, Case Tried Without Jury HB 719. Criminal Code, Define Armed Robberies HB 722. Criminal Code, Clarifications HB 791. Alimony, Revised, Instituted in a Court HR 264-802. State Communications Committee

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of 61st, Vice-Chairman.

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The following Resolution of the House was read and adopted:

HR 301. By Messrs. Davis of the 86th, Parker of the 44th, Paris of the 14th, Hargrett of the 58th, Brantley of the 62nd and many others:
A RESOLUTION
Congratulating Honorable Tom Murphy; and for other purposes.
WHEREAS, on this date, the distinguished and revered Admin istration Floor Leader, Representative Tom Murphy, is celebrating his birthday; and
WHEREAS, it is the desire of this body on this auspicious day to express to Representative Murphy their heartiest congratulations on this his 45th birthday.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to the dis tinguished and able Administration Floor Leader, the Honorable Tom Murphy, its heartiest congratulations on this his 45th birthday.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 253. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon, as to change the com pensation of the said Commissioner; and for other purposes.

The following Senate amendment was read:
The Committee for County and Urban Affairs offers to amend HB 253 as follows:
By striking from the title the words "three month period" and inserting in lieu thereof "fiscal year".
By striking in its entirety paragraph (2) of quoted Section 15-A of Section 2 and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The County Commissioner shall publish an itemized list of all money taken in and disbursed, as well as a list of all warrants for disbursements, for the preceding fiscal year within 45 days following the end of such fiscal year. The itemized account

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shall be posted on the bulletin board of the Gordon County Court house for at least 30 days."

Mr. Shanahan of the 8th moved that the House disagree to the Senate amendment.

The motion prevailed, and the Senate amendment to HB 253 was disagreed to.

The following Resolution of the House was read and adopted:

HR 246. By Messrs. Lane of the 101st, Brantley of the 114th and Adams of the 100th:
A RESOLUTION
Creating the Merit System Study Committee; and for other pur poses.
WHEREAS, it has come to the attention of many members of the House of Representatives that certain employees of the State of Georgia are not presently covered by the State merit system; and
WHEREAS, a bill has been introduced providing a procedure for the inclusion of such employees under the merit system; and
WHEREAS, a study should be made to determine the number, types and classifications of employees not under said merit system and the reasons therefor before the enactment of legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Merit System Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall make a study of the number, types and classifications of all employees of the State government who are not presently covered by the merit system and the reasons such employees have not been so covered. Said Committee shall be authorized to make such inquiries and investigations as it deems necessary in completing such study, and in this connection, the officials and personnel of the various depart ments and agencies of the State government shall cooperate with said Committee in order for it to carry out its duties under this Resolution.
BE IT FURTHER RESOLVED that the members of said Com mittee shall be authorized to meet for such number of days as the Speaker of the House shall designate. Each member of said Committee shall receive the expense, mileage and travel allowances provided by

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law for members of legislative interim committees. Any funds necessary to carry out this Eesolution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its findings, recommendations and suggestions for proposed legislation, if any, on or before the day the 1970 regular session of the General Assembly is convened, on which date the Committee shall stand abolished.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 37. By Mr. Mauldin of the 12th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the personnel of the Georgia Vocational Association may become members of said Retirement System; and for other purposes.

The following Senate amendment was read:
The Senate Retirement Committee moves to amend HB 37 as follows:
By deleting Section 1 in its entirety and inserting in lieu thereof the following:
"An Act establishing the Teachers' Retirement System, ap proved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of subsection 5 of Section 1 the following:
"The word 'teacher' shall also include the full-time executive secretary of the Georgia Vocational Association, and such Asso ciation shall pay the required employer contribution; such person shall be entitled to receive credit for prior teaching service by paying the employee's and employer's contribution that would have been paid, plus interest at the rate of 8% per annum."

Mr. Mauldin of the 12th moved that the House agree to the Senate amend ment.

On the motion the roll call was ordered and the vote was as follows:

MONDAY, MARCH 10, 1969

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Barber Battle Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee
Caldwell Carnes Gates Chandler Collier Collins, M. Coiling, S. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Douglas Edwards Ellis Farrar

Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Hadaway Hargrett Harrington Harris, J. R. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Horton Housley Howell Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Lowrey Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt

1587
Miles Milford Moore Morris Mullinax Murphy Nessmith Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pickard Pinkston Potts Roach Rowland Salem Scarborough Shanahan Sherman Simkins Simmons Sims Smith, V. T. Snow Thomason Thompson, A. W. Thompson, R. Toles Vaughn Ware Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood Wilkerson

Those not voting were Messrs. :

Anderson Ballard Barfield Bell Bennett Brantley, H. H. Brooks

Cato Clarke Cole Conger Cook Dean, J. E.
Dixon

Dodson Dorminy Egan Evans Ezzard Fallin Farmer

1588
Felton Grahl Gunter Hale Hamilton Harris, J. F. Harris, R. W. Higginbotham Hood Johnson Jones, C. M. Jordan, G. Keyton Knapp Lambert

JOURNAL OF THE HOUSE,

Lee, W. S. Leonard Longino Marcus Mason Matthews, C. Matthews, D. R. Miller Moate Nash Northcutt Odom Pafford Phillips, L. L. Poole

Rainey Reaves Ross Rush Russell Scarlett Shepherd Smith, J. B. S orrells Sweat Townsend Wamble Westlake Wilson Mr. Speaker

On the motion to agree, the ayes were 129, nays 0.

The motion prevailed and the Senate amendment to HR 37 was agreed to.

HB 135. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor, for the procurement of lands, buildings, furniture and equipment therefor, for repairs and alterations; and for other purposes.

The following Senate amendment was read:
Senators Smalley of the 28th and Andrews of the 49th move to amend HB 135 by striking the contradictory phrase and/or where-ever the same appears and by substituting in lieu thereof the word "or".

Mr. Mauldin of the 12th 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

Atherton Ballard Barber

Barfield Battle Bell

Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Farmer Felton Floyd, J. H. Floyd, L. R. Funk
Gary
Gaynor
Geisinger

MONDAY, MARCH 10, 1969
Gignilliat Graves Gunter Had away Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin McClatchey McCracken McDaniell
Melton
Merritt
Miles

1589
Milford Miller Moate Moore Morris Mullinax Nash Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W.
Toles
Wamble Ware Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood
Wilkerson

Voting in the negative were Messrs.: Murphy and Whaley.

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Those not voting were Messrs.:

Bond Brooks Buck Clarke Collins, M. Dean, J. E. Egan Ezzard Fallin Farrar

Grahl Hale Hamilton Higginbotham Lee, W. S. Matthews, C. Maxwell Odom Pafford Peterson

Pinkston Poole Rainey Sherman Simmons Thompson, R. Townsend Vaughan Westlake Mr. Speaker

On the motion to agree, the ayes were 163, nays 2.

The motion prevailed and the Senate amendment to HB 135 was agreed to.

Mr. Whaley of the 93rd stated that he had inadvertently voted "nay" but intended to vote "aye" on the motion to agree to the Senate amendment to HB 135.

HB 136. By Mr. Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now the "Employ ment Security Law"), so as to extend the time for the expenditures of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.

The following Senate amendment was read:
Senator Holloway of the 12th moves to amend HB 136 by striking the word "if" on the first line of Section 2 of page 2 of said bill and substituting in lieu thereof "is".

Mr. Rowland of the 42nd 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

Atherton Ballard Barber

Barfield Battle Bell

Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Cole Collier, J. M. Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Davis, E. T. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor

MONDAY, MARCH 10, 1969
Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Milford

1591
Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, W. R. Pickard Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood

Those not voting were Messrs. :

Brooks Clarke

Connell Daugherty

Davis, W. Dean, J. E.

1592
DeLong Dent Egan Ezzard Fallin Grahl Hale Hamilton Higginbotham Hudson Jordan, G.

JOURNAL OF THE HOUSE,

Lee, W. S. Matthews, C. Maxwell Miles
Moate Odom Pafford Peterson
Phillips, L. L. Pinkston
Poole

Rainey Sherman Simkins Townsend Vaughn Westlake Whaley Wilkerson Mr. Speaker

On the motion to agree, the ayes 158, nays 0.
The motion prevailed and the Senate amendment to HB 136 was agreed to.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 251-705. By Messrs. Gaynor of the 88th, Scarlett of the 67th, Thompson of the 85th, Clarke of the 33rd and Maxwell of the 78th:
A RESOLUTION
Creating the Georgia Commission for the National Bicentennial Celebration; and for other purposes.
WHEREAS, the Congress of the United States has established an American Revolution Bicentennial Commission to properly observe and commemorate this anniversary and
WHEREAS, the American Revolution Bicentennial Commission has invited each state to create a commission to cooperate with national and local groups to plan for the commemoration of this event; and
WHEREAS, Georgia, as one of the original thirteen colonies, has a long and proud history and should rightfully participate in this momentous observance.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Georgia Commission for the National Bicentennial Celebration to be composed of five members of the Senate to be appointed by the President of the Senate; five members of the House of Representatives to be appointed by the Speaker of the House of Representatives; nine members to be appointed by the Gov ernor, one from the membership of each of the following organizations:

MONDAY, MARCH 10, 1969

1593

Children of the American Revolution

Daughters of the American Revolution

Georgia Association of County Commissioners

Georgia Business and Industry Association

Georgia Historical Society

Georgia Municipal Association

Georgia Press Association

Georgia State Chamber of Commerce, and the

Sons of the American Revolution; and

three citizens from the State at large to be appointed by the Governor.
The Secretary of State, the Attorney General, the Director of the De partment of Industry and Trade, the Director of the Department of Archives and History and the Secretary of the Georgia Historical Com mission shall be ex officio members of the Commission. Vacancies shall be filled in the same manner in which the original appointments were made. The Commission shall elect a chairman and such other officers as it may deem necessary at its organizational meeting, which shall be held prior to December 31, 1969. The members of the Commission shall receive no compensation for their services. It shall be the duty of the Commission to cooperate with the American Revolution Bicentennial Celebration Commission and with local groups to prepare an overall program for commemorating the bicentennial of the American Revolu tion and to plan, encourage, develop and coordinate observances and activities commemorating the historic events that preceded and are asso ciated with the American Revolution. In its planning, the Commission shall give special emphasis to the Georgians who played important parts in the development of the United States and in world affairs and in mankind's quest for freedom.

BE IT FURTHER RESOLVED that the Commission may make a report of its activities to the General Assembly with any recommenda tions it may wish to make from time to time.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Games Gates Chandler Cole Collier Collins, M. Collins, S. Colwell Connell Conner Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong
Dent
Dickinson
Dixon
Douglas
Edwards
Ellis
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk

Gary Gaynor Geisinger Gignilliat Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. L. Lee, W. J. (Bill) Leonard Levitas Lewis Lowrey
Mason
Matthews, D. R.
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Melton
Merritt
Miles
Milford

Moore Morris Mullinax Murphy Nash Nessmith Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Piekard Pinkston Potts Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sweat Thomason Thompson, A. W. Thompson, R. Toles Vaughn
Wamble
Ware
Westlake
Whaley
Wheeler, Bobby
Wheeler, J. A.
Winkles
Williams
Wilson
Wood
Wilkerson

MONDAY, MARCH 10, 1969

1595

Those not voting were Messrs.:

Anderson Ballard Brooks Caldwell Cato Clarke Conger Cook Dean, J. E. Dodson Dorminy Egan Evans

Ezzard Fallin Farmer Grahl Hale Hamilton Johnson Jones, C. M. Jordan, G. Knapp Lee, W. S. Longino Marcus

Matthews, C. Miller Moate Northcutt Odom Pafford Poole Rainey Reaves Rush Sorrells Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 264-802. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, Jones of the 59th, Lambert of the 25th, Lee of the 61st, Murphy of the 19th, Paris of the 14th, Lane of the 44th and Dodson of the 82nd:
A RESOLUTION
Approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes.
WHEREAS, existing telephone equipment and services are dupli cated throughout State Government; and
WHEREAS, only 15 departments have Wide Area Telephone Serv ice, a long distance telephone service at reduced costs for volume users, and the remaining departments must use more expensive long distance service; and
WHEREAS, inter-department communications are more time-con suming and less efficient than they should be; and
WHEREAS, considerable time is spent in completing inter-depart mental telephone calls and in reviewing of individual bills and of long distance calls to allocate costs; and
WHEREAS, the public often experiences difficulty in reaching the right office or department by telephone; and

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WHEREAS, no mechanism exists to provide overall guidance and coordination of communications activities in State Government to ensure compatability and economy; and

WHEREAS, a CENTREX system is available which will provide improved communications service at a lower cost; and

WHEREAS, Code Section 40-404 (3) authorizes the Governor as Budget Director to submit plans for improvements and economies in operation of the State Government and to implement such plans as are approved by the General Assembly; and

WHEREAS, Governor Maddox has submitted a plan for improve ments and economies in communications for State Government.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor's plan for communica tions is hereby approved and a State Communications Committee to be composed of the State Budget Officer, the Director of the State Highway Department or his designate, the Attorney General or his designate, the Secretary of State or his designate and the State Audi tor is hereby created for the purpose of developing, maintaining, cor ordinating and implementing plans for effective communications in State Government. The Committee is hereby empowered to execute contracts with common carriers as needed, and the Committee may designate one of its members as Chairman and empower him to execute such contracts.

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 Atherton Ballard Barber Barfield Battle Bell
Berry Black Blalock
Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss
Busbee Caldwell Gates
Cato Chandler

Clarke Cole Collier Collins, S. Colwell Conger Conner Cook Cooper
Crowe Dailey Daugherty
Davis, E. T. Davis, W.

Dean, N. Dickinson Dixon Dodson Dorminy Edwards Egan Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb

MONDAY, MARCH 10, 1969
Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Milford Miller Moate Morris Mullinax Murphy Nash Nessmith Northcutt Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S.

1597
Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Shanahan Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those voting in the negative were Messrs.:

Douglas

Farmer

Moore

Those not voting were Messrs.:

Bennett Brooks Games Collins, M. Connell

Dean, J. E. DeLong Dent Fallin Felton

Gunter Hale Hamilton Hawes Henderson

1598
Lee, W. S. Matthews, C. Maxwell McDaniell Miles

JOURNAL OF THE HOUSE,

Nunn Odom Peterson Poole Scarlett

Sherman Simkins Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 3.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 141. By Messrs. Parrar of the 77th, DeLong of the 80th, Hood of the 99th, McDaniell and Wilson of the 117th, Reaves of the 71st, Barber of the 15th and many others:
A Bill to be entitled an Act to create a new and entirely separate retirement system for certain employees of public schools who are not eligible to become members of the Teachers' Retirement System; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to create the Public School Employees Re tirement System; to provide for a short title; to provide for defini tions; to provide for the name and the powers and privileges of said system; to provide for the membership of said System; to provide that certain persons who retired prior to a certain date shall be en titled to receive retirement benefits under this Act; to provide for the termination of membership under certain circumstances; to pro vide for creditable service; to provide credit for certain prior service; to provide credit for military service under certain conditions; to pro vide for retirement dates; to provide for retirement benefits; to pro vide optional forms of retirement income; to provide for death or termination of employment; to provide for employer and employee contributions to the Retirement System; to provide for the creation of a Public School Employee Retirement Fund and for its administra tion by a Board of Trustees; to provide for membership of said Board; to provide for the compensation and expenses of the members of said Board; to provide for a quorum for the transaction of business and for a Chairman, Secretary and Treasurer of said Board; to provide for the control and investment of funds; to provide for the powers and duties of said Board; to provide for the keeping of books and records by said Board; to provide that said Board may accept gifts, grants and bequests; to provide for the exemption of liabilities of said Board; to provide for the legal advisor of said Board; to provide for certain re quirements and procedures relating to certain local retirement or pen sion systems; to provide for appropriations by the General Assembly

MONDAY, MARCH 10, 1969

1599

for employer contributions and for otherwise carrying out the pro visions of this Act; to provide for the exemption of rights under this Act from legal process; to provide for the correction of errors; to pro vide for attempting to defraud the Retirement System created by this Act and for penalties in connection therewith; to provide an effective date; to provide for all procedures, requirements and other matters in connection with the foregoing; to provide for severability; 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 "The Act Creating the Public School Employees Retirement System".

Section 2. Definitions. The following words and phrases as used in this Act, unless a different meaning is clearly required by the con text, shall have the following meanings:

(1) "Retirement System" shall mean the Public School Employees Retirement System created by Section 3 of this Act.

(2) "Fund" shall mean the Public School Employees Retirement Fund created in Section 11 of this Act.

(3) "Board" shall mean the Board of Trustees as provided for in Section 11 of this Act to administer the Retirement Fund and Re tirement System.

(4) "Public School" shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education.

(5) "Public School Employee" or "Employee" shall mean all those employees of public schools who are not eligible for membership in the Teachers' Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia.
(6) "Employer" shall mean the State of Georgia.

(7) "Local Unit of Administration" shall mean any county or in dependent board of education or political subdivision employing public school employees.

(8) "Member" shall mean any public school employee in the mem bership of the Retirement System as provided in Section 4 of this Act.

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(9) "Service" shall mean service rendered as a public school em ployee.

(10) "Membership Service" shall mean service as a public school employee rendered while a member of the Retirement System for which credit is allowable as provided in Section 5 of this Act.

(11) "Prior Service" shall mean service rendered as a public school employee prior to the "commencement date", as hereinafter defined, for which credit is allowable as provided in Section 5 of this Act.

(12) "Creditable Service" shall mean all years and completed months (expressed as a fraction of a year) of prior service and mem bership service.

(13) "Regular Interest" shall mean compound interest at such a rate as shall be determined by the Board from time to time and initially to be set at four percent (4%).

(14) "Contributions" shall mean the employer and employee con tributions to the Retirement System as provided in Section 10 of this Act.

(15) "Accumulated Contributions" shall mean an employee's con tributions together with regular interest thereon.

(16) "Beneficiary" shall mean the living person or persons entitled to receive any benefits upon the death of a member who was desig nated by the member by written notice to the Board. If said person or persons so designated are not living at the time of the death of the member, the beneficiary shall be the estate of the member.

(17) "Actuarial Equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables adopted by the Board.

(18) "Joint Annuitant" shall mean the person designated to re ceive benefits payable on the death of a member as provided in Option A set forth in subsection (b) of Section 8.

(19) "Commencement Date" shall mean July 1, 1970, or as soon thereafter as the Board shall determine for the commencement of em ployer and employee contributions.

Section 3. Name and Powers and Privileges of System. A Retire ment System is hereby created and placed under the management and control of the Board of Trustees, hereinafter provided for, for the pur poses of providing retirement benefits and other benefits under the provisions of this Act for public school employees. It shall be a budget unit of the State government and shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the "Public School Employees Re-

MONDAY, MARCH 10, 1969

1601

tirement System", and by such name all of its business shall be trans acted, all of its funds invested, and all of its cash, securities and other property held.

Section 4. Membership, (a) Any person who is a public school employee on the effective date of this Act shall be a member of the Retirement System created by this Act as a condition of his continued employment, except as hereinafter provided. Any person who becomes a public school employee on or after the effective date of this Act shall become a member of the Retirement System created by this Act as a condition of his employment. The provisions of this subsection shall become a part of any contract of employment of public school em ployees which is executed on or after the effective date of this Act, but nothing herein shall be construed to impair the obligation of any such contract executed prior to the effective date of this Act.
(b) Any public school employee now in life who is at least 65 years of age and who was employed in the public schools of this State for a period of at least 35 years but retired from service in such schools prior to the commencement date of this Act shall be entitled to receive retirement benefits under this Act, and such benefits shall be computed on the basis of 35 years of creditable service in accordance with the provisions of subsection (b) of Section 7 of this Act.
(c) A public school employee otherwise eligible shall be classified as a member only while he is employed by a local unit of administra tion not operating a local retirement system, except as otherwise pro vided in Section 18 of this Act.

(d) The membership of any member shall terminate if he retires under this system or withdraws his contributions, or if in a period three consecutive years after becoming a member, he renders less than one year of service, except as hereinafter provided. Any member who has not withdrawn his contributions to the Retirement System may retain his membership while on any leave of absence authorized by rules and regulations of the Board. The Board may continue the mem bership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board, or if he ceases to be a contributing member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years. No benefit under the Retirement System other than the payment of the accumulated contributions of such an employee shall become payable to him or on his account while he is not in service as a public school employee, and no employer contributions shall be made to the system during any such time.
Section 5. Creditable Service, (a) The Board shall fix and deter mine by appropriate rules and regulations how much service in any year is equivalent to one year of membership service, but in no case shall more than one year of service be creditable for all service in one calendar year. In developing rules and regulations to determine how much service in any year is equivalent to one year of membership service, the Board shall be guided by the nature of the employment

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being considered and the number of months, weeks, days and hours normally worked to carry out the normal duties associated with the employment. Service rendered for a regular school year shall be equiva lent to one year of service in any case.

(b) Under such rules and regulations as the Board shall adopt, each member who was a public school employee at any time from July 1, 1945, until the commencement date shall be entitled to file a detailed statement of all services as a public school employee rendered by him prior to the commencement date for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, such person shall have six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board shall issue a prior service certifi cate certifying to the member the period of service prior to the com mencement date with which he is credited on the basis of his statement of service. As long as a membership continues, a prior service certifi cate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate request the Board to modify or correct his prior service certificate. When member ship ceases, such prior service certificate shall become void.

(c) Creditable service at retirement on which the retirement al lowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the com mencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate.

(d) Any person who shall leave public school employment at any time after the effective date of this Act to enter military service may return to public school employment at any time within five years after being released from military service and shall receive credit for such active military service upon the payment of employee contributions, plus the regular interest that would have accrued on such contributions, which would have been paid during his absence while in military service.

(e) Any person who left public school employment to enter mili tary service at any time prior to the effective date of this Act and returned to public school employment within five years after being released from military service shall receive credit for such active mili tary service upon the payment of employee contributions, plus the regu lar interest that would have accrued on such contributions, that would have been paid during his absence while in service.

Section 6. Retirement Dates, (a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 65, except that the normal retirement date of a member who is age 64 or over on the effective

MONDAY, MARCH 10, 1969

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date of this Act shall be January 1, 1971. A member shall retire on his normal retirement date except as otherwise provided in subsection (b) of this Section.

(b) At the request of his local unit of administration, a member may remain actively employed beyond his normal retirement date on a year to year basis as shall be mutually agreed upon by the member and his local unit of administration. In such cases, the member shall retire on the first day of the month coinciding with or next following the end of the last agreed period, which date shall be the delayed retire ment date of the member.

Section 7. Retirement Benefits, (a) Any member may retire and receive the retirement benefits hereinafter provided after obtaining a minimum of ten years creditable service. In the event a member re tires before obtaining ten years creditable service, he shall receive a lump sum refund of his accumulated contributions made under the Retirement System to the date of his retirement.

(b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall com mence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be two dollars ($2.00) multiplied by the number of the member's years of creditable service.

(c) Upon retirement on his delayed retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his delayed retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same man ner as for a normal retirement benefit based on the number of years of creditable service as of the member's delayed retirement date.

Section 8. Optional Forms of Retirement Income.
(a) A member may elect, or may revoke a previous election and make a new election, at any time prior to his normal retirement date, to have his retirement benefit payable under one of the options herein after set forth in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the mem ber in writing and shall be subject to approval by the Board.

(b) The amount of any optional retirement benefit set forth below shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member under Section 7 of this Act.

Option A. Joint and Survivor Option. A decreased retirement benefit which shall be payable to the member for life and shall continue after his death to the surviving joint annuitant in the same amount or in such smaller amount as he may designate. The election of this Option shall be null and void if either the member or his joint annuitant die before his normal retirement date.

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Option B. Period Certain and Life Option. A decreased re tirement benefit commencing on the date of retirement and pay able on the first day of each month during the lifetime of the member; provided, however, that should the member die prior to having received an elected number of guaranteed monthly retire ment payments (i.e., 60, 120, or 180), such remaining guaranteed payments shall continue to his designated beneficiary.

Section 9. Death or Termination of Employment.

(a) If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated con tributions made under the Retirement System to the member's date of death.

(b) If a member who has not elected an optional form of pay ment, as provided in Section 8 of this Act, dies prior to receiving benefits totaling his accumulated contributions to his retirement date, a death benefit shall be payable in a lump sum to the beneficiary of the member. The amount of such death benefit shall be the difference between total benefits actually paid to the member and his accumu lated contributions.

(c) If a member who has elected an optional form of payment, as provided in Section 8 of this Act, dies after his normal retirement date but prior to his actual retirement, a death benefit will be payable as provided for by the provisions of the Option elected, determined as if the member had retired on the day preceding the date of his death.

(d) If a member who has elected an optional form of payment, as provided in Section 8 of this Act, dies subsequent to actual retire ment, a death benefit shall be payable as provided for by the provisions of the Option elected.
(e) Should the employment of a member be terminated voluntarily or involuntarily at any time prior to his normal retirement date, he shall be entitled to a refund of his accumulated contributions to the date of his termination.
Section 10. Funding, (a) Each member shall contribute four dol lars ($4.00) monthly as the employee contribution toward the cost of the Retirement System. Each local unit of administration shall deduct said amount each month from the compensation of each of its em ployees who is a member of the Retirement System and pay said amounts so deducted to the Board. The Board shall specify by rules and regulations the time and manner said amounts shall be paid to the Board.
(b) The employer contributions toward the cost of the Retirement System shall be as actuarially determined and approved by the Board, and in making such determination, each local unit of administration shall supply the Board with such information at such times and in such manner as the Board shall specify by rules and regulations. The amounts

MONDAY, MARCH 10, 1969

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determined as the employer contributions, as herein provided, shall be certified to the State Treasurer at such times as the Board shall specify by rules and regulations. It shall be the duty of the State Treasurer to pay to the Board, from funds appropriated or otherwise available to the Public School Employees Retirement System, the amounts socertified by the Board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members or their beneficiaries.

Section 11. Retirement Fund; Board of Trustees.
(a) There is hereby created the Public School Employees Retire ment Fund which shall be administered by the Board of Trustees. The Board of Trustees shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and two additional ex-officio members who shall be the Executive Secretary of the Georgia School Bus Drivers Association and the President of the Georgia School Foods Service Association.
(b) The members of the Board shall receive the sum of $20.00 per day for each day of attending meetings of the Board or for any com mittee meetings called pursuant to authorization of the Board and for time spent in necessary travel. In addition thereto, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the Board of Trustees. State officials serv ing on the Board shall receive no per diem but shall be entitled to reimbursement for actual expenses incurred by them in carrying out their duties under this Act.
(c) Seven members at any meeting of the Board shall constitute a quorum to transact business. Each member shall be entitled to one vote on the Board, and five votes shall be necessary for a decision by the Board. The Chairman, Secretary and Treasurer of the Board shall be the same as the Chairman, Secretary and Treasurer of the Board of Trustees of the Employees' Retirement System of Georgia.
Section 12. Control and Investment of Funds.
(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 Public School Employees Retirement Fund. The benefits provided for in this Act and all administrative 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 insur ance companies in the making and disposing of their investments, except, however, the Board may not invest more than fifty percent (50%) of such funds in equities. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold,

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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 13. Powers and Duties of Board. The Board is hereby given the following powers and duties: 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 retire ment benefits provided for under this Act; to provide for the payment of all retirement 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 inconsistent with the laws of the State of Georgia to carry out the provisions of this Act; to deter mine eligibility of persons to receive retirement benefits under the pro visions of this Act; to make provisions for refunds or 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 14. Books and Records. The Board shall keep permanent records of all its accounts in granting retirement benefits, and shall keep proper 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 15. Gifts, Grants or Bequests. 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 pur poses of the Retirement System in accordance with the provisions of this Act.

Section 16. Exemption from Liability of Board of Trustees. The members of the Board, and each of them, shall be free from all lia bility, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the Retirement System and the Fund, and the State shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and con sequences shall result from their own willful misconduct.

Section 17. Legal Advisor. The State Attorney General shall be the legal advisor of the Board.

Section 18. Local Retirement Systems, (a) Any local unit of ad ministration having a retirement or pension system on the effective

MONDAY, MARCH 10, 1969

1607

date of this Act which includes as members in such system any or all public school employees, as defined in this Act, may elect to have such employees become members of the Retirement System created by this Act subject to the following conditions:

(1) Any such local unit of administration must make the election whether or not any or all of its public school employees covered by its local retirement or pension system shall become members of the Retirement System created by this Act, and such election must be made in writing to the Board within 90 days after the effective date of this Act.

(2) If any such local unit of administration elects to have any or all of its public school employees become members of the Re tirement System created by this Act, then, at a time to be speci fied by the Board, such employees shall cease to be members of the local retirement or pension system and shall become members of the Retirement System created by this Act, and upon retire ment, all service credited to such employees under said local re tirement or pension system shall be creditable service and such employees shall receive the retirement benefits provided by this Act; provided, however, that the transfer of any such public school employee from any local retirement or pension system to the Retirement System created by this Act shall not impair or diminish any pension or retirement rights of any such employee existing under the local retirement or pension system at the time of such transfer, and in order to carry out this requirement, the local unit of administration shall pay to the Board, in such manner and at such time or times as the Board shall specify, an amount which shall be of sufficient actuarial value to secure the pension or re tirement rights any such employee had under the provisions of the local retirement or pension system, and upon retirement, such employee shall receive a retirement benefit equivalent in actuarial value to the retirement or pension benefit which he would have re ceived under the local system, notwithstanding the provisions of this Act fixing retirement benefits.

(b) Any local unit of administration having any such retirement or pension system shall be responsible for the payment of any retire ment or pension benefits payable to any member of the local retirement or pension system who had retired under the provisions of such local system prior to the commencement date.

(c) The Board is hereby authorized and directed to develop and promulgate rules and regulations to carry our the provisions of this Section.

Section 19. Appropriations; Expense Fund, (a) The General As sembly shall make appropriations to the Public School Employees Re tirement System sufficient to provide for the employer contributions required by subsection (b) of Section 10 of this Act and to otherwise carry out the provisions of this Act.

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(b) The Board shall establish an expense fund to which shall be credited the funds provided by appropriations of the General Assembly to pay the administrative expense of the Retirement System and from which shall be paid all expenses incurred in the administration and operation of the Retirement System.

(c) The appropriations provided for in this Section may be made by any General or Supplemental Appropriations Act adopted by the General Assembly, but no employer or employee contributions to the Retirement System shall be made prior to the commencement date. Ap propriated funds may be expended prior to the commencement date pursuant to subsection (b) of this Section in order to pay the expenses of setting up and beginnig operation of the Retirement System prior to that date.

Section 20. Exemption of Rights Under Act from Legal Process. Assignability. The right to a retirement benefit, the return of con tributions, and any optional benefit or any other right accrued or ac cruing to any person under the provisions of 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 otherwise specifically provided in this
Act.

Section 21. Correction of Errors. Should any change or error in the records result in any member or beneficiary receiving from the Retire ment System more or less than he would have been entitled to receive had the records been correct, the Board 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 mem ber or beneficiary was correctly entitled shall be paid.
Section 22. Attempting to Defraud Public School Employees Re tirement System Created by this Act. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the Public School Employees Retirement System created by this Act, in any attempt to defraud the system as a result of such act shall be guilty of a misdemeanor and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceed $500.00, or imprisonment not exceeding twelve months, or by both such fine and imprisonment, at the discretion of the court.
Section 23. This Act shall become effective on January 1, 1970, but no public school employee shall be obligated to make employee con tributions to the Retirement System as provided in this Act until after the General Assembly has appropriated funds for the employer contri butions as provided in this Act.
Section 24. 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

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remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof.

Section 25. 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. Farrar of the 77th moves to amend the Committee Substitute to House Bill No. 141 as follows:
By striking from the title the following: "to provide that certain persons who retired prior to a certain date shall be entitled to receive retirement benefits under this Act;"
By striking in its entirety subsection (b) of Section 4 and by redesignating subsections (c) and (d) of Section 4 as subsections (b) and (c) 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.

Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bo stick Bo wen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Buck Burruss Caldwell Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Connell Conner

Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N.
Dickinson Dixon Dodson Dorminy Douglas
Ellis Farmer Farrar Felton Floyd, J. H.

1610
Ployd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrils, R. W. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Jointer Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp

JOURNAL OF THE HOUSE,

Knowles Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Lowrey Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Adams Brooks Brown, C. Busbee Carnes Conger Cook Dean, J. E, DeLong
Dent

Edwards Egan Evans Ezzard Fallin Hale Hamilton Lane, Dick
Lee, W. S. Longino

Marcus Matthews, D. R. Melton Northcutt Poole Rush Simkins Townsend Vaughn Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 0.

MONDAY, MARCH 10, 1969

1611

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 141, by substitute, as amended, was ordered im mediately transmitted to the Senate.

Messrs. Clarke of the 33rd and Edwards of the 45th stated that they had been called from the floor of the House when the roll was called on HB 141, by substitute, as amended, but had they been present would have voted "aye".

HB 791. By Messrs. Thompson of the 86th, Felton of the 95th, Jones of the 59th, Rowland of the 42nd and others:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide for the exclusive procedure for modi fying such judgment shall be by a proceeding substituted in a court of this State; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 94), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 713), so as to provide that so long as a husband against whom is rendered a permanent alimony judgment remains or is domiciled in this State, the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court of this State; to provide that any foreign judgment modifying a permanent alimony judgment rendered by a Georgia court shall not be recognized or enforced by the courts of Georgia; to provide for retroactivity of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 94), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 713), is hereby amended by adding a new Section, to be designated as Section 4A, and which shall read as follows:

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"Section 4A. (1) So long as a husband against whom is ren dered a permanent alimony judgment remains or is domiciled in this State, the exclusive procedure for the modification of such judg ment shall be by a proceeding instituted for such purposes in the court of this State which granted the original judgment.

(2) No judgment of any other state or foreign jurisdiction by which it is attempted to modify a Georgia judgment awarding per manent alimony for the support of a wife, or child or children, or both, will be recognized or enforced by the courts of this State.

(3) This Act shall apply to all judgments for permanent ali mony for the support of a wife, or child or children, or both, ren dered subsequent to March 9, 1955."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle Bennett Berry Black Blalock Bohannon Bond Bostick Bowen
Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck

Burruss Busbee Games Gates Cato Chandler Cole Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe
Dailey Daugherty Davis, E. T.
Davis, W. Dean, N. Dickinson

Dodson Dorminy Douglas Edwards Egan Evans Farmer Parrar Felton Ployd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger
Gignilliat Grahl Graves
Gunter Hadaway Hale

Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Hawes Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas

MONDAY, MARCH 10, 1969
Lewis Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Milford Miller Moore Morris Mullinax Murphy Nash Nessmith Nunn Odom Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey

1613
Reaves Roach Ross Rowland Russell Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Thompson, R. Toles Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Simmons Wilkerson

Those not voting were Messrs.:

Alexander Bell Brooks Caldwell Clarke Collier Connell Dean, J. E. DeLong Dent Dixon Ellis

Ezzard Fallin Hamilton Harris, J. P. Henderson Higginbotham Hill, B. L. Lee, W. S. Marcus Matthews, C. McCracken McDaniell

Miles Moate Northcutt Pafford
Peterson Poole Rush Salem Sweat Townsend Vaughn Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was by substitute.

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By unanimous consent, HB 791, by substitute, was ordered immediately trans mitted to the Senate.

HB 717. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the laws relating to crimes and the punish ment therefor, so as to provide that Code Section 26-3102 shall not af fect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atherton Ballard Barber Barfield Bell Bennett Berry Black Blalock Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Connell Conner Cook Cooper

Crowe Dailey Davis, E. T. Davis, W. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Evans Ezzard Parrar Felton Ployd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Hadaway Hale Hargrett Harrington Harris, J. F. Harris, J. R. Harrison

Henderson Higginbotham Holder Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwelll McClatchey McCracken

McDaniell Melton Merritt Miles Milford Moore Morris Mullinax Nessmith Nunn Paris Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Pinks ton

MONDAY, MARCH 10, 1969
Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow

1615
Sorrells Thomason Thompson, R. Toles Townsend Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.

Alexander Bond Brown, B. D. Daugherty

Ellis Farmer Gunter Hill, B. L.

Jones, C. M. Murphy Parker, C. A. Phillips, W. R.

Those not voting were Messrs.:

Anderson Battle Brantley, H. H. Brooks Caldwell Clarke Collins, M. Dean, J. E. Dickinson Fallin Grahl Hamilton

Harris, R. W. Hawes Hill, G. Hood Horton Jordan, G. Lee, W. S. Mason Matthews, C. Miller Moate Nash

Northcutt Odom Pafford Parker, H. W. Poole, Will Rainey Shanahan Sweat Thompson, A. W. Vaughn Ware Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 12.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Jones of the 59th stated that he had inadvertently voted "aye" but in tended to vote "nay" on HB 717.

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HB 655. By Messrs. Lane of the 44th, Hargrett of the 58th, Holder of the 49th, Parker of the 44th and Smith of the 3rd:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to add to the titles of those practicing medicine "D.O." and Doctor of Osteopathy"; and for other purposes.

The following substitute, offered by Mr. Lane of the 4th, was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 84-9. relating to medi cal practitioners, as amended, so as to add to the titles of those practic ing medicine "D. 0." and "Doctor of Osteopathy"; to establish a Com posite State Board of Medical Examiners and provide for twelve (12) members, two (2) of whom shall be Doctors of Osteopathy; to provide for the appointment of the twelve (12) member Board; to provide that the practice of osteopathy without a license from the Composite State Board of Medical Examiners shall not be prohibited if the person prac ticing does not exceed the practice engaged in at the time of passage of this Act and to provide for renewal of the licenses of such practition ers with fee to be established by the Board; to provide for one license for those holding M. D. or D. 0. degrees; to provide a method whereby those presently licensed as Doctors of Osteopathy may qualify and ob tain a license from the Composite State Board of Medcial Examiners; to require licenses granted by the Board to show the degree of the li censee on his diploma from the professional school he attended; to pro vide for display of such degree on licensee's stationery and displays; to include colleges of osteopathy and to provide that the Composite State Board of Medical Examiners shall be empowered to pass upon the standing of such colleges; to provide minimum preliminary educational requirements for colleges of osteopathy found to be in good standing by the Composite State Board of Medical Examiners; to provide for re newal fees to be established by the Board including limitation on fee for late payment; to expand the power of the Composite State Board of Medical Examiners to enjoin the illegal practice of medicine; to pro vide that osteopaths may avail themselves of the rights and benefits of the Voluntary Sterilization Act; to amend Code Chapter 84-12, relating to osteopaths, so as to limit the practice under any renewal of a license issued by the State Board of Osteopathic Examiners after December 31, 1970; to provide that after the passage of this Act no new licenses or licenses by comity to licentiates of other states shall be granted by the State Board of Osteopathic Examiners; to provide for renewal of li censes under Chapter 84-12 for the years 1969 and 1970 only; to provide for repeal of Chapter 84-12 effective January 1, 1971; to provide for im mediate effectiveness of other provisions of the Act; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MARCH 10, 1969

1617

Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by adding in Section 84-901 after the word "Doctor", the letters "D.O.", and the words '"Doctor of Osteopathy", so that when so amended Section 84-901 shall read as follows:

"84-901. 'Practice of medicine', 'to practice medicine', 'prac ticing medicine', and 'practice of medicine' defined. The terms 'practice of medicine', 'to practice medicine', 'practicing medicine', and 'practice medicine', as used in this Chapter, are hereby defined to mean holding one's self out to the public as being engaged in the diagnosis or treatment of disease, defects or injuries of human be ings, or the suggestion, recommendation or prescribing of any form of treatment for the intended palliation, relief or cure of any physi cal, mental or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever, or the maintenance of an office for the reception, examination and treatment of persons suffering from disease, defect or injury of body or mind, or at taching the title 'M.D.', 'Oph.', 'D.', 'Dop.', 'Surgeon', 'Doctor', 'D.O.', 'Doctor of Osteopathy', either alone or in connection with other words, or any other words or abbreviations to his name, in dicating that such person is engaged in the treatment or diagnosis of disease or injuries of human beings."

Section 2. Said Code Chapter is further amended by striking Sec tion 84-902 in its entirety and inserting in lieu thereof a new Section 84-902 to read as follows:

"84-902. Composite State Board of Medical Examiners; estab lishment; qualifications of members, duties and powers.--A board is hereby established, to be known by the name and style of the Composite State Board of Medical Examiners, which Board shall be composed of twelve (12) practicing physicians of integrity and abil ity, who shall be residents of, and have been duly licensed to prac tice in this State, ten (10) of whom shall be graduated from rep utable medical schools conferring the M.D. degree and two (2) of whom shall have graduated from a reputable osteopathic school conferring the D.O. degree, and all of whom shall have been en gaged in the active practice of their profession within this State for a period of at least five (5) years, but none of whom shall be connected in any way with any medical or osteopathic college. Said Board shall perform such duties and possess and exercise such powers, relative to the protection of the public health, and the con trol and regulation of the practice of medicine and osteopathy as
this Chapter prescribes and confers upon it. There shall be ap
pointed, as vacancies occur in posts held by holders of the M. D.
degree, a Board member to represent each congressional district
in the State as hereinafter provided. Any vacancy occurring in a
post held by a holder of the D.O. degree shall be filled by a D.O.
from the State at large as hereinafter provided. Hereinafter, wher
ever in this Chapter reference is made to the 'State Board of Med
ical Examiners' or 'Board of Medical Examiners' or 'Board', it shall
mean the 'Composite State Board of Medical Examiners'."

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JOURNAL OF THE HOUSE,

Section 3. Said Code Chapter is further amended by striking Sec tion 84-903 in its entirety and inserting in lieu thereof a new Section 84-903 to read as follows:

"84-903. Appointment of Board; vacancies; quorum.--Twelve (12) physicians, who shall possess the qualification specified in Section 84-902, shall constitute the membership of the Composite State Board of Medical Examiners. The ten (10) members of the State Board of Medical Examiners at the time of the passage of this Act shall become members of the Composite Board to serve terms coextensive with their terms on the State Board at the time of the passage of this Act. No member shall be reappointed nor shall any new member be appointed to fill a vacancy in a post held by an M.D. member from any congressional district in the State which has more than one (1) member on said Board. The other two (2) members of the Board shall be appointed from among the members of the Board of Examiners in Osteopathy in office at the time of the passage of this Act, to serve terms coextensive with their terms on the Board of Examiners in Osteopathy at the time of the passage of this Act. All future appointments shall be made to serve for a term of four (4) years and until his successor is ap pointed and qualified. All reappointments and new appointments shall be made so that each congressional district in the State shall be represented by an M.D. member at all times. Any vacancy that may occur in said Board in consequence of death, resignation, re moval from the State or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. A majority of the Board shall constitute a quorum. All appoint ments shall be made as provided for in Section 4 of an Act approved March 20, 1943 (Ga. Laws 1943, p. 212)."

Section 4. Said Code Chapter is further amended by striking Sec tion 84-906 in its entirety and inserting in lieu thereof a new Section 84-906 to read as follows:
"84-906. Practice of medicine without license prohibited; ex ceptions.--If any person shall hold himself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend or prescribe any form of treatment for the palliation, relief or cure of any physical or mental ailment of any person with the intention of receiving there for, either directly or indirectly, any fee, gift, or compensation whatsoever, or shall maintain an office for the reception, examina tion or treatment of diseased or injured human beings, or shall attach the title 'M.D.', 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' either alone or in connection with other words, or any other word or abbreviation to his name indicative that he is engaged in the treatment of diseased, defective or in jured human beings, and shall not in any of these cases then pos sess in full force and virtue a valid license to practice medicine under the laws of this State, he shall be deemed to be practicing medicine without complying with the provisions of this Chapter, and in violation thereof. Nothing in this Chapter shall be construed to prohibit gratuitous service in cases of emergency, nor the prac tice of the religious tenets or general beliefs of any church what-

MONDAY, MARCH 10, 1969

1619

soever; nor to permanently located options at their established places of business not prescribing or using drugs or medicines, nor requiring a fee for examination or attaching to their names titles indicative that any such person is engaged in the practice of medicine as defined in this Chapter, nor shall it apply to com missioned surgeons of the United States Army, Navy or Public Health Service while so engaged, nor to an individual appointed as an intern or accepted for specialty or residency training in a hospital approved by the Board, to the extent required by the duties of his position or by his program of training, for a period of two (2) years and for such additional period as the Board, by ap plication may determine, nor to regularly licensed physicians called in consultation from other States or territories to attend to special cases in this State, nor to the practice of dentistry, nor to the practice of midwifery or nursing.

"Nothing in this Chapter shall be construed as preventing any person holding a valid license as a Doctor of Osteopathy at the time of the passage of this Act from engaging in the practice of os teopathy as the same was practiced by such person at said time subject to annual renewal of his license beginning January 1, 1971 by the Board at the same rate provided for the renewal of full practice licenses. Such limited renewal licenses shall not authorize the practice of obstetrics or surgery other than the minor suturing of cuts."

Section 5. Said Code Chapter is further amended by striking Sec tion 84-907 in its entirety and inserting in lieu thereof a new Section 84-907 to read as follows:

"84-907. License to practice medicine; how obtained; qualifi cations of applicants.--Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been regis tered or licensed to do so, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him to practice medicine in this State, make application to the Composite State Board of Medical Exam iners through the Joint-Secretary, State Examining Boards, upon such form and in such manner as shall be adopted and prescribed by the Board, and obtain from the Board a license to do so. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice, and if he shall practice medicine with out first having obtained such a license, he shall be deemed to have violated the provisions of this Chapter. All applicants for a license
to practice medicine or for a renewal of any such license which has
been revoked shall furnish the Board with evidence of good moral
character. Applications from candidates to practice medicine or
surgery in any of its branches shall be accompanied with proof that
the applicant is a graduate of one of the two colleges of medicine
now existing in the State of Georgia, or from some other legally
incorporated medical college, osteopathic college or institution ap
proved or accredited by the American Medical Association or the
American Osteopathic Association and in good standing with the

1620

JOURNAL OF THE HOUSE,

Board, provided, however, that nothing herein shall prevent the licensing of graduates of medical schools outside of the United States under such rules as the Board may promulgate.

Any such graduate, either before or after completing a year's training as an intern as required by the next paragraph of this Section, shall be eligible to stand any regular examination given by the Board for a license to practice medicine in this State. How ever, before such person shall be eligible to receive a license to practice medicine in this State, he shall furnish the Board with satisfactory evidence of attainments and qualifications under the provisions of this Section and the rules and regulations of the Board. Nothing contained in this Section shall be construed so as to require a person who has previously passed an examination given by the Board for a license to practice medicine in this State to stand another examination.
If the applicant submits proof that he has had one (1) year of training as an intern in a hospital approved or accredited by the American Medical Association or the American Osteopathic Association and in good standing with the Board, or in a hospital of another state in which such hospital is approved or accredited by the American Medical Association or the American Osteopathic Association and approved by the Board, and if he furnishes satis factory evidence of attainments and qualifications under the provi sions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive a license from the Board giving him absolute authority to practice medicine in this State."

Section 6. Said Code Chapter is further amended by adding a new Code Section to said Chapter to be known as Section 84-907.1 to read as follows:
"84-907.1. License to practice medicine, licensed osteopaths.-- Any person who holds a valid license to practice osteopathy in this State at the time of the passage of this Act shall be entitled, as a matter of right, to obtain a full practice license under this Chapter upon exhibiting satisfactory evidence to the Board prior to January 1, 1971 of completion of a postgraduate program approved for such purpose by the Board."
Section 7. Said Code Chapter is further amended by adding a new Code Section to said Chapter to be known as Section 84-907.2 to read as follows:
"84-907.2. License to practice medicine; degree to which li censee is entitled.--On all licenses issued by the Board after the passage of this Act, the Board shall enter after the name of the licensee the degree to which the licensee is entitled by reason of his diploma of graduation from a professional school in good standing with the Board."

MONDAY, MARCH 10, 1969

1621

Section 8. Said Code Chapter is further amended by adding a new Code Section to said Chapter to be known as Section 84-907.3 to read as follows:

"84-907.3. Licensee to show degree on stationery and displays. --A licensee under this Chapter shall, in any letter, business card, advertisement, prescription blank, sign, or public listing or display of any nature whatsoever, designate the degree to which he is en titled by reason of his diploma of graduation from a professional school in good standing with the Board."

Section 9. Said Code Chapter is further amended by striking Sec tion 84-910 in its entirety and inserting in lieu thereof a new Section 84-910 to read as follows:
"84-910. Medical colleges; good standing; power of Board over. --The Board of Medical Examiners shall be empowered to pass upon the good standing and reputation of any medical or osteopathic college. Only such medical or osteopathic colleges will be considered in good standing as possess a full and complete faculty for the teaching of medicine, surgery and obstetrics in all their branches, afford their students adequate clinical and hospital facili ties, have adequate curricula as determined by the Board in its discretion; that fulfill all their published promises, requirements and other claims respecting advantages to their students and the course of instruction; that exact a preliminary educational require ment equal to that specified by this Chapter; that require students to furnish testimonials of good moral standing; and that give ad vanced standing only on cards from accredited medical or os teopathic colleges. In determining the reputation of the medical or osteopathic college, the right to investigate and make a personal inspection of the same is hereby authorized."

Section 10. Said Code Chapter is further amended by striking Sec tion 84-911 in its entirety and inserting in lieu thereof a new Section 84-911 to read as follows:
"84-911. Same; preliminary educational requirements; certifi cate to show.--Each medical or osteopathic school or college in good standing with the Board of Medical Examiners shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course."

Section 11. Said Code Chapter is further amended by striking Sec tion 84-915 and inserting in lieu thereof a new Section 84-915 and in serting in lieu thereof a new Section 84-915 to read as follows:

"84-915. Issuance and renewal of licenses to practice. Duty of joint-secretary to aid in prosecutions.--The Board of Medical Ex aminers shall have authority to administer oaths, to summon wit nesses, and to take testimony in all matters relating to its duties. Said board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and quali-

1622

JOURNAL OP THE HOUSE,

fications under the provisions of this Chapter and the rules and regulations of the board. Such license shall be signed by the Presi dent of the State Board of Medical Examiners and attested by the Joint-Secretary, State Examining Boards, under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice medicine in this State. It shall be the duty of the joint-secretary under the direction of the board to aid in the enforcement of this Chapter and in the prosecution of all persons charged with violations of its provisions.

"All licenses to practice medicine shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal of all licenses issued under this Chapter shall be established by the Board, such fees to be commensurate with the costs of fulfilling the statutory duties of the Board as defined by this Chapter. On or before December 1, the Joint-Secretary, State Examining Boards, shall mail to each person holding a current li cense to practice medicine a blank to be used in applying for re newal of his license and a statment of the fee. Upon receipt of the application and renewal fee, the joint-secretary, acting under the direction of the composite State Board of Medical Examiners, shall be authorized to renew the license. Failure to apply for renewal of a license and to remit the renewal fee during the month of Decem ber shall not withdraw the right of renewal but the renewal fee, if submitted after December 31, shall be three (3) times the regular renewal fee."

Section 12. Said Code Chapter is further amended by striking Code Section 84-927 in its entirety and inserting in lieu thereof a new Code Section 84-927, to read as follows:
"84-927. Institutional licenses to certain persons. Notwith standing the foregoing provision, any person who is a graduate of a school accredited and approved as hereinbefore provided; and who is employed by the State of Georgia in any State operated in stitution or who is employed by any medical college in the State of Georgia approved by the State Board of Medical Examiners of Georgia, upon request of the superintendent of such State institu tion or the dean of such medical college employing said physician, may be granted an institutional license authorizing such physician to practice medicine in the State institution or medical college em ploying said licensee, under proper medical supervision, which in stitutional license may be renewed each 12 months so long as the licensee remains in the employ of the State institution or medical college requesting the license, at the sound discretion of the Com posite State Board of Medical Examiners: Provided, however, such institutional license shall not be prima facie evidence that the holder thereof meets the minimum basic requirements for examination by the State Board of Medical Examiners or for the issuance of a permanent license to practice medicine."

Section 13. Said Code Chapter is further amended by striking Code Section 84-929 in its entirety and inserting a new Code Section 84-929, to read as follows:

MONDAY, MARCH 10, 1969

1623

"84-929. Injunction of illegal practices; petition by Board. In addition to any other remedy or criminal prosecution, whenever it shall appear to the Board of Medical Examiners that any person or persons, firm, company, partnership, association, or corporation or their agents, officers ,or directors is/are or has/have been vi olating any of the provisions of this Chapter, or any of the laws of the State of Georgia relating to the practice of medicine, said Board may, on its own motion or on the verified complaint in writ ing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunc tion and permanent injunction against such person or persons, firm, company, partnership, association, or corporation and their agents, officers and directors, restraining him, her, it, or them, from vi olating such law, and, upon proof thereof, the said court shall issue such restraining order, injunction and permanent injunction, with out requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order, or injunction, whether temporary, permanent or otherwise, shall be granted, with out a hearing after at least 10 days' notice. It is hereby declared that such violation or violations of the provisions of this Chapter is or are a menace and a nuisance dangerous to the public, health, safety and welfare."

Section 14. Said Code Chapter is further amended by adding a new Code Section to be known as Section 84-936, to read as follows:

"84-936. Voluntary Sterilization Act; physicians with D.O. or Doctor of Osteopathy degree subject to provisions of. Doctors of Osteopathy who are licensed by the Composite State Board of Medical Examiners under Section 84-907 or who obtain a full prac tice license under Section 84-907.1 shall be entitled to all the rights and benefits of an Act approved March 10, 1966 (Ga. Laws 1966, p. 453), known as the Voluntary Sterilization Act.' They shall have all the authority and immunity granted by said Act to physicians, surgeons or doctors of medicine, and shall be subject to the same limitations and responsibilities."
Section 15. Code Chapter 84-12, relating to Osteopaths, as amend ed, is hereby amended by adding a new Section to be known as Section 84-1212 to read as follows:

"84-1212. No further licenses under this Chapter after the passage of this Act. The Board of Osteopathic Examiners shall not grant any new licenses. Licenses in good standing under this Chap ter at the time of passage of this Act may be renewed for the years 1969 and 1970 only under the provisions of Section 84-1207 upon payment of the fee in compliance with the requirements of that Section, and the State Board of Osteopathic Examiners shall remain in existence for the purpose of all other functions bestowed upon it by this Chapter except the examination of new applicants and the issuance of new licenses under this Chapter until Decem ber 31, 1970. No new licenses shall be granted by comity to licen tiates of other States pursuant to the provisions of Section 84-1208 after the passage of this Act.

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JOURNAL OF THE HOUSE,

Section 16. Effective January 1, 1971, Code Chapter 84-12, relating to osteopaths, as amended, is repealed in its entirety.

Section 17. This Act shall become effective immediately upon its approval by the Governor, or upon its becoming law without his ap proval.

Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Black Blalock Bohannon Bond Bo stick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Games Gates Chandler Clarke Cole Collins, M.

Collins, S. Colwell Connell Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dent Dickinson Dixon Dodson Douglas Edwards Egan Ellis Farrar Felton Floyd, J. H. Floyd, L. R. Funk
Gary Gignilliat Graves Gunter Hargrett
Harrington

Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes Henderson Higginbotham Hill, G. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas

Lewis Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Miller Moate Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom

MONDAY, MARCH 10, 1969
Pafford Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. B. Pickard Pinkston Potts Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins

1625
Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A, W. Thompson, R. Toles Townsend Vaughn Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Brooks Cato Collier
Conger Dean, J. E, Dorminy Evans Ezzard Tallin

Farmer Gaynor Geisinger Grahl Hadaway Hale Hamilton Hill, B. L. Lambert

Lee, W. S. Marcus Matthews, C.
Poole Rainey Sherman Ware Mr. Speaker

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 204-586. By Mr. Caldwell of the 39th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all property held by and belonging to nonprofit corporations created and operated for the purpose of providing water supply or sewage disposal,

1626

JOURNAL OF THE HOUSE,

or a combination of such services, shall be exempt from all ad valorem taxation; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VVII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following:

"All property held by and belonging to nonprofit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( NO (

) Shall the Constitution be amended so as to provide that all property held by and belonging to nonprofit cor porations created and operated for the purpose of pro-
) viding water supply or sewage disposal, or a combina tion of such services, shall be exempt from all ad valorem taxation?"

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 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 Atherton

Ballard Barber Battle Bell

Bennett Black Bond Bo stick

Bowen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carries Gates Cato Chandler Clarke Cole Collier Collins, M. Colwell Conger Conner Cook Cooper
Crowe
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dickinson
Dixon
Dodson
Dorminy
Douglas
Edwards
Ellis
Evans
Farmer
Parrar
Felton
Floyd, J. H.
Floyd, L. R.
Funk
Gary
Gaynor
Geisinger
Gignilliat
Graves
Gunter

MONDAY, MARCH 10, 1969
Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill, B. L. Holder Hood Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen
Keyton Knapp Knowles
Kreeger Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill)
Leonard Levitas
Lewis Longino
Lowrey
Marcus
Mason
Matthews, C. Matthews, D. R.
Mauldin
Maxwell McClatchey
McCracken
McDaniell
Melton Merritt
Miles Milford

1627
Miller Moate Moore Morris Mullinax Nash Nes smith Nunn Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, W. R. Pinkston Rainey Reaves Ross Rowland Russell Salem Scarborough Scarlett
Shanahan Sherman Simkins
Simmons Sims Smith, J. R. Smith, V. T. Snow
Sorrells
Sweat
Thomason
Toles
Vaughn
Wamble
Ware
Whaley Wheeler, Bobby
Wheeler, J. A.
Winkles
Williams
Wilson
Wood
Wilkerson

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Berry
Blalock Bohannon Collins, S.
Connell Dean, J. E. DeLong Dent Egan Ezzard Fallin

Grahl Hale
Hamilton Hawes Higginbotham
Hill, G. Lee, W. S. Murphy Northcutt Odom Pafford Paris

Phillips, L. L. Pickard
Poole Potts Roach
Rush Shepherd Thompson, A. W. Thompson, R. Townsend Westlake Mr. Speaker

On the adoption of the Resolution, the ayes were 159, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 719. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the pun ishment therefor, so as to change the definition and the penalty for the offense of armed robbery; and for other purposes.

An amendment, offered by Messrs. Alexander of the 108th and Hill of the 94th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Atherton Ballard Barber Barfield Battle

Bell Berry Black Blalock Bohannon Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burruss Busbee

Caldwell Gates Cato Chandler Cole Collier Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Davis, E. T. Davis, W. Dean, N. Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Gunter
Hadaway
Hargrett
Harrington
Harris, J. R.
Harris, R. W.
Harrison
Higginbotham
Hill, G.

MONDAY, MARCH 10, 1969
Holder Hood Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Lewis Longino Lowrey Marcus Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Milford Miller Moate Moore
Morris
Mullinax
Murphy
Nash
Nessmith
Northcutt
Pafford
Paris

1629
Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinks ton Potts Rainey Reaves Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Toles Townsend Wamble Ware Westlake Whaley Wheeler, Bobby
Wheelr, J. A.
Winkles
Williams
Wilson
Wood
Wilkerson

Those voting in the negative were Messrs.:

Alexander Bennett Bond Brown Daugherty

Evans Farmer Harris, J. F. Hill, B. L. Horton

Jones, M. Thomason Thompson, A. W.

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Brooks Games Clarke Collins, M. Connell Dean, J. E. DeLong Dent Pallin Felton Grahl

Hale Hamilton Hawes Henderson Jones, C. M. Jordan, G. Lee, W. S. Mason Matthews, C. Maxwell Miles

Nunn Odom Peterson Poole Sherman Simkins Thompson, R. Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 13.

The Bill, having received the requisite constitutional majority, was passed.

HB 428. By Messrs. Matthews of the 63rd and Hudson of the 48th:
A Bill to be entitled an Act to be known as the "Dead Animal Disposal Act"; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the disposition of dead animals and parts thereof which die or are killed because of being infected with an infectious, contagious or communicable disease; to provide for a short title; to define certain terms; to provide methods for disposal of animal carcasses by public livestock markets and livestock slaughter establishments and garbage feeding operations; to provide methods of disposal of such dead animals; to establish the responsibility of owners of dead animals; to authorize the Department of Agriculture to control the transportation of diseased carcasses and parts of carcasses; to authorize the Department of Agriculture to issue permits for the inter state transportation of dead animals or parts thereof and to control such transportation; to provide for the promulgation of rules and regu lations for carrying out the purposes of this Act by the Commissioner of Agriculture; to provide for penalties for violations of the provisions of this Act or any rules or regulations promulgated hereunder; to pro vide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MARCH 10, 1969

1631

SECTION 1

Short title. This Act shall be known and may be cited as the "Dead Animal Disposal Act."

SECTION 2
Dead animals defined. Dead animals shall include the carcasses or parts of carcasses of those animals which are considered farm livestock, including poultry and equine; and shall further be defined to include any effluent and/or blood associated with such animals which die with an infectious, contagious or communicable disease or which have been killed because of being infected with an infectious, contagious or com municable disease.

SECTION 3
Disposition of dead animals. It shall be unlawful for any person caring for, or owning, any animal that has died with an infectious, contagious, or communicable disease or which has been killed because of being infected with or exposed to such a disease to abandon said animal including the blood and/or parts thereof on his own land, or upon the land of another, without first having the other's permission for burial or burning as prescribed in this Act, or regulations adopted pursuant to this Act. Arrangements for proper burial or burning must be made with a city or county official to dispose of such animals in a city or county dump. Under no conditions may dead animals be aban doned in wells or open pits of any kind on private or public land.

SECTION 4
Public livestock sales markets, livestock slaughter establishments and garbage feeding operations. Public livestock sales markets, live stock slaughter establishments and garbage feeding operations shall have an approved method and place for the disposal of carcasses of animals which die on or within the premises of such establishments. Further, provisions must be provided for the disposal of all portions of any carcass, all effluent, including blood, and all accessory waste material involved in the handling of such carcass.

SECTION 5
Methods of disposal of dead animals. Methods which can be used for disposal of dead animals are burning, burial, or rendering. Disposal of animal carcasses by any of the approved methods must be completed within 12 hours after death or discovery of the carcass. Carcasses which are burned must be attended until process is completed. Carcasses which are buried must be buried at least 3 feet below the ground level and have not less than 3 feet of earth over the carcass.

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SECTION 6

Transportation of diseased carcasses. The Commission of Agricul ture may prohibit, at his discretion, the hauling or transportation of the body, effluent, and/or parts of any animals or poultry which has died of a highly contagious, infectious or communicable disease and order destruction thereof in accordance with this Act.

SECTION 7

Interstate transportation of dead animals. Dead animals and/or parts thereof, raw or unrendered, except green salted hides, shall not be allowed to enter the State of Georgia except by written permit issued by the Georgia Department of Agriculture; except licensed research in stitutes, accredited colleges or State colleges and universities, and de partments of municipal governments may transport and/or receive dead animals for research or investigational purposes only.

SECTION 8

Rules and regulations. The Commissioner of Agriculture is hereby authorized to promulgate rules and regulations to implement and ac complish the purposes of this Act.

SECTION 9

Penalty provided for violation. Any person, firm, partnership or corporation violating the provisions of this Act, or any rule or regula tion made pursuant thereto, shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law.

SECTION 10

Provisions of this Act severable. Should any provision, clause, para graph, section or part or parts of the Act be held invalid by any court, it is hereby declared to be the legislative intent that the provisions of this Act shall be severable and the remainder of the Act shall be in full force and effect as though such clause, paragraph, section, or part or parts had not been included herein.

SECTION 11

Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

SECTION 12

Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

MONDAY, MARCH 10, 1969

1633

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 Atherton Ballard Barber Battle Bell Bennett Black Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collier Collins, M. Collins, S. Colwell Conger Conner Cook Cooper Crowe Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dickinson Dixon
Dodson Dorminy Douglas

Edwards Ellis Evans
Ezzard Tallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Grahl Graves Gunter Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham
Hill, B. L. Holder Hood Horton Housley Hudson Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Le vitas Lewis

Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Milford Moate Moore Morris Mullinax Murphy Nessmith
Nunn Paris Parker, C. A. Parker, H. W. Patterson Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Potts Rainey Reaves
Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims
Simmons
Smith, J. R. Smith, V. T.

1634
Snow Sorrells Sweat Thomason Toles Vaughn

JOURNAL OP THE HOUSE,

Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A.

Winkles Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Barfield Berry Connell Dean, J. E. DeLong Dent Egan Hale Hamilton Hargrett

Hawes Hill, G. Howell Lambert Lee, W. S. Mason Miles Miller Nash Northcutt

Odom Pafford Poole Roach Rush Thompson, A. W. Thompson, R. Townsend Mr. Speaker

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 564. By Messrs. McCracken of the 36th, Higginbotham of the 75th, Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia of 1933, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding busi ness day shall be the last day for the exercise of such privilege or duty; and for other purposes.

The following Committee amendment was read and adopted:

The State of Republic Committee moves to amend HB 564 as follows:

(1) By striking in its entirety the title of said bill and substitut ing in lieu thereof the following:
"An Act to amend Title 34 of the Code of Georgia of 1933, relating to elections, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the

MONDAY, MARCH 10, 1969

1635

next succeeding business day shall be the last day for the exercise of such privilege or duty; to remove the Secretary of State from the requirement that members of the State Election Board may not offer for election to office; to provide that the qualification for public office shall vacate a member's position on the State Election Board; to require that the Secretary of State determine and approve the form of the ballot for use in a special election; to provide that political parties may hold joint primaries or par tially separate primaries; to provide that there shall be but one polling place in each election district; to authorize the superin tendent to appoint additional clerks for the purpose of counting ballots or for other duties; to authorize absentee registration for residents of the State of Georgia temporarily residing outside of the United States; to authorize an elector in certain instances to cast his ballot in the election district containing the county court house; to authorize the board of registrars to permit an elector to vote in a district other than his residence; to provide that an elec tor who moves his residence within a county shall notify the board of registrars; to provide how such elector's name shall be placed on the electors lists; to provide that the ordinary shall select a polling place which will provide adequate space for all political parties to conduct their primaries; to provide that any candidate required to accompany his notice of candidacy with a nomination petition or any candidate who is the nominee of a political party by virtue of the convention method except substitute candidates shall file notice of candidacy no later than 12:00 noon on the second Wednesday in June immediately prior to the election; to provide that twenty-nine days must intervene between the issuance of a call for a special election and the holding of the same; to provide that a substitute nomination may be made if a candidate is dis qualified after nomination; to delete provision that qualification fee for office in House of Representatives be set by governing authority of the county; to provide when political parties shall close the date of their qualification of candidates; to provide for the posting of a list of candidates who have qualified with the political parties; to provide for the reopening of qualifications under certain conditions; to delete reference regarding area covered by judicial circuit which is no longer necessary; to provide that unless a candidate has filed with his nominating petition a cer tificate from a political party attesting that he is the nominee of such party, the candidate's name shall appear on the ballot under the Independent column; to allow ballots used in certain primaries to be of different colors; to change the number of ballots re quired to be furnished and maintained as a reserve; to change the number of required voting machines and vote recorders; to delete reference to use of write-in ballot in primary; to remove the re quirement that the name stub on a ballot card must be serially numbered; to authorize other election officers, in addition to poll officers, to vote by absentee ballot; to require that an application for an absentee ballot shall be made by mail or in person in the registrar's office; to provide that the county nurse may certify to an elector's physical disability; to provide that certain permanently
disabled electors shall not be required to file additional certificates
of disability; to provide that registrars may deliver absentee bal
lots only within the confines of their offices, or to an elector who

1636

JOURNAL OF THE HOUSE,

is confined in a hospital; to authorize absentee ballots in counties using vote recorders to be in such form as will allow the ballot to be machine tabulated; to change the persons who may witness a jurat of an elector voting by absentee ballot; to authorize the Governor to appoint a judge of the superior court emeritus to hear an election contest under certain circumstances; to change the manner of providing the judges with their expenses; to provide when an election contest may be filed; to prohibit facsimile or counterfeit ballot labels; to authorize certain distribution of fac-
simie ballots and ballot labels; to authorize distribution of certain newspaper reprints of facsimile ballots; to provide all of the pro cedures connected with the foregoing; to repeal conflicting laws;
and for other purposes."

(2) By adding between Sections 5 and 6 the following:

"Section 5A. Said Title is further amended by adding after the words:

'a resident of

as they appear in the first sentence of subsection (a) of Code Section 34-619, relating to absentee registration, the following:

'the State of Georgia who is temporarily residing outside the United States, or a resident of,

so that when so amended subsection (a) of Code Section 34-619 shall read as follows:

'(a) Notwithstanding any other provision of this Chapter, a resident of the State of Georgia who is temporarily residing out side of the United States, or a resident of the State of Georgia who is temporarily residing outside of the State and who is: (i) a member of the armed forces of the United States while in active service; (ii) a member of the merchant marine of the United States; (iii) a civilian employee of the United States; (iv) a mem ber of a religious group or welfare agency assisting members of the armed forces of the United States, who is officially attached to and serving with such armed forces; or (v) the spouse or de pendent of a person described in categories (i), (ii), (iii), or (iv) above; may register to vote by complying with the provisions of this Section, and such person shall be herein referred to as an absentee applicant.'

(3) By adding between Sections 8 and 9 the following:

"Section 8A. Said Title is further amended by striking from the last sentence of Code Section 34-806, relating to the conduct of special elections, the word 'thirty' and substituting in lieu thereof the word 'twenty-nine' so that when so amended Code Section 34-806 shall read as follows:

MONDAY, MARCH 10, 1969

1637

'Section 34-806. Conduct of special election.--Every special election shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto insofar as practicable, and not inconsistent with any other provisions of this Code. All such special elections held at the time of a general election shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least twenty-nine days shall intervene between the call of a special election and the hold ing of same.'"

"Section 8B. Said Title is further amended by striking from the end of subsection (b) of Code Section 34-1001, relating to the filing of notice of candidacy, as amended, particularly by an Act approved April 3, 1968 (Ga. Laws 1968, p. 858), the following:

'at least sixty days prior to the general election'

and substituting in lieu thereof the following:

'no later than 12:00 Noon on the second Wednesday in June immediately prior to the election',

so that when so amended subsection (b) of Code Section 34-1001 shall read as follows:

'(b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least forty-five days prior to the election in the case of a general elec tion and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a can didate for a militia district office (justice of the peace or con stable). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall
file notice of his candidacy in the office of the ordinary of his
county at least forty-five days prior to the election in the case
of a general election and at least fifteen days prior to the election
in the case of a special election. If a runoff primary is held, each
candidate nominated therein, or his agent, shall file notice of his
candidacy with the appropriate officer within five days after the
holding of such primary, irrespective of such five day period ex
ceeding a qualification deadline hereinabove prescribed. Any can
didate required to accompany his notice of candidacy with a nomi
nation petition as hereafter prescribed, and any candidate who is
the nominee of a political party by virtue of the convention method
of nomination except substitute candidates nominated by the con
vention method, shall file his notice no later than 12:00 Noon on
the second Wednesday in June immediately prior to the election.'"

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JOURNAL OF THE HOUSE,

(4) By inserting between Sections 10 and 11 a new section to be numbered Section 10A to read as follows:

"Section 10A. Said Title is further amended by striking from the first sentence of Code Section 34-1004, relating to qualification fees, the following phrase:

'or membership in the House of Representatives of the Gen eral Assembly',

so that when so amended, said Code Section shall read as follows:

"Section 34-1004. Qualification fees.--The governing authority of any county, at least ninety days prior to the election in the case of a general election, and at least twenty days prior to the elec tion in the case of a special election, shall fix and publish a rea sonable qualification fee to be paid by candidates seeking election to any county or militia district office. Such fee shall be paid to the ordinary at the time a candidate files his notke of candidacy and the fee shall be promptly transmitted to the governing au thority for application toward the payment of the cost of holding the election. Within the same time limitation, the Secretary of State shall fix and publish a reasonable qualification fee to be paid by each candidate filing his notice of candidacy with him. If the office sought by the candidate is filled by the vote of elec tors within a single county, the Secretary of State shall transmit such fee to the governing authority of such county for application toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county then such fee shall be equally divided among the counties involved, and the Secretary of State shall transmit the proper portion of such fee to the governing authority of each such county for application toward the payment of the cost of holding the election. No candidate nominated in a primary or in a conven tion held by his political party shall be required to pay such fee.' "

(5) By inserting between Sections 11 and 12 a new section to be numbered Section 11A and to read as follows:
"Section HA. Said Title is further amended by striking from the end of subsection (a) of Code Section 34-1007, relating to polling places, the following phrase:
'; except that such area shall mean the judicial circuit when the office of judge of the superior court or solicitor general is involved',
so that when so amended, subsection (a) of Code Section 34-1007 shall read as follows:
'(a) A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each

MONDAY, MARCH 10, 1969

1639'

polling place in each election district in the area wherein the elec tors reside who shall elect the person to fill such public office in the next election therefor.'"
(6) By inserting between Sections 15 and 16 a new section to be numbered Section ISA and to read as follows:
"Section ISA. Said Title is further amended by striking from sub section (g) of Code Section 34-1206, relating to the requirements pre scribed for voting machines, the words 'primary or', so that when so amended, subsection (g) of said Code Section shall read as follows:
'(g) It shall fairly permit each elector to deposit, write-in, or affix upon receptables or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; provided, however, that if the machine does not fairly permit such a vote to be cast, then an elector desiring to vote for any person whose name does not appear on the machine shall be permitted to vote in the election by the use of a paper ballot which shall be furnished by the super intendent;'."
(7) By striking in its entirety Section 17 and substituting in lieu thereof the following:
"Section 17. Said Title is further amended by striking from Code Section 34-1223, relating to the form of ballot cards, the words 'stub and', so that when so amended Code Section 34-1223 shall read as follows:

'Section 34-1223. Form of ballot cards for vote recorders.-- Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine. A serially numbered strip shall be attached to each ballot card in a manner and form simi lar to that prescribed in this Code for paper ballots.' "

(8) By inserting between Sections 17 and 18 a new section to be numbered Section 17A and to read as follows:

"Section 17A. Said Title is further amended by striking from Code Section 34-1401, relating to the definition of absentee elector, the words:

'or who will be a poll officer in an election district other than the one of his residence in the election he desires to vote in',

and inserting in lieu thereof the words:

'or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election he desires to vote in',

1640

JOURNAL OP THE HOUSE,

so that when amended, Code Section 34-1401 shall read as follows:

'Section 34-1401. Definition.--The words "absentee elector", when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia who is required to be absent from the county of his residence during the time of the primary or election he desires to vote in, or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election he desires to vote in, or who because of physical disability will be unable to be present at the polls on the day of such primary or election.' "

(9) By striking from Section 35 the last phrase of quoted Section 34-1913 which reads as follows:

"subject to the limitations herein-above contained"

and substituting in lieu thereof the following:

"provided they are of a different color and at least twentyfive percent larger or smaller than the official ballots or ballot labels".

The following amendment was read and adopted:

Mr. Murphy of the 19th moves to amend HB 564 as follows:
By striking from Section 34-1406 of Sec. 22, subsection a(vi), a (vii) and a(viii).

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 Atherton Ballard Barber Barfield Battle Bell Bennett

Berry Black Blalock Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Burruss Busbee Caldwell Gates Cato Chandler Clarke Collier

Coiling, M. Collins, S. Colwell Conger Connell Conner Cook Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Edwards Ellis Evans Ezzard Farmer Farrar Felton Floyd, L. R. Funk Gary Gaynor Geisinger Gignilliat Graves Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Hawes Henderson Higginbotham Hill, B. L. Hill, G. Holder Hood

MONDAY, MARCH 10, 1969
Horton Housley Howell Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miles Milford Moate Moore Morris Mullinax Murphy Nash Nessmith Pafford

1641
Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, W. R. Phillips, W. R. Pickard Pinkston Potts Roach Ross Rowland Russell Salem Scarborough Scarlett Shanahan Shepherd Sherman Simkins Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson, A. W. Thompson, R. Toles Townsend Vaughn Wamble Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood Wilkerson

Those not voting were Messrs.:

Brooks Buck Carnes Cole Dailey

Dean, J. E, Dent Egan Fallin Floyd, J. H.

Grahl Gunter Hale Hamilton Harris, R. W.

1642
Jones, C. M. Lee, W. S. Miller Northcutt Nunn

JOURNAL OF THE HOUSE,

Odom Paris Peterson Poole Rainey

Reaves Rush Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

TUESDAY, MARCH 11, 1969

1643

Representative Hall, Atlanta, Georgia Tuesday, March 11, 1969

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.
The following prayer was offered by Rev. F. W. Posey, Vicar, Church of the Good Shepherd, Swainsboro, Georgia:
"Help us Good Lord, to remember that all authority comes from God and that we are all ultimately responsible to you for our use or abuse of this authority and grant that the Holy Spirit of Truth may so guide and bless the Legislature of the State of Georgia, that it may become truly the servant of God in serving her people, finally we ask for grace always to live in such a way that we may never fear death that in living and dying we may be yours--through Jesus Christ our Lord, AMEN.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, 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.

1644

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 11, 1969, and submits the following:

HB

16. Consumer and Credit Transactions.

HB 107. Adoption Laws, Sale of Child.

HB 173. Teachers, Aged and Incapacitated, Retirement.

HB 194. Teachers, Placed Back for Full Retirement Benefits.

HB 195. Teachers, Public and Private Schools, Eligible for Retirement.

HB 248. Chief Radio Operators, License Examiners.

HB 279. Water Resources, Protection.

HB 362. Uniform Commercial Code, Protection of Buyers.

HB 366. Public Service Commission, Duties.

HR 139-399. Old Governor's Mansion, Disposal.

HB 453. Insurance Premium Financing, Regulations.

HB 461. Driver Training School, Instructor.

HB 507. Georgia Equine Act.

HB 524. Georgia Meat Inspection Act.

HB 529. Certain Counties, One Governing Authority.

HB 539. Attorney General, Duties.

HR 226-630. Henry Grady Hotel Property, Lease.

HB 641. Sales Tax, Counties Levy Local Retail Sales Tax.

HR 231-656. Classify Property, Taxation Purposes.

HR 234-682. Convey Property, Baldwin County.

HB 697. Hatchery Operators, Method of Registration.

HB 722. Criminal Code, Clarifications.

HB 785. Program of Education, School Lunch.

HR 258-785. Chattahoochee Judicial Circuit Study Committee.

HB 787. Alcoholic Beverage Licenses, Location of Businesses.

HB 804. Alcoholic Beverage, Licenses.

HR 266-809. Property Control Commission, Sell Surplus Property.

TUESDAY, MARCH 11, 1969

1645

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 61st, Vice-Chairman.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 854. By tot-. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act approved February 27, 1962 (Ga. L.1902, p. 119), so as to provide that it shall not be necessary to obtain the s^natures of the owners of any public street, road or high way right-of-wa>-. and for other purposes.
Referred to the Committe* On Highways.

HB 855. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to reincorporate the Town of Sardis in u^, County of Burke and to make the same a city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 856. By Mr. Cl&rke of the 33rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Monroe County, so as to change the compensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 857. By Mr. Lewis of the 37th. 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 Burke (now the Board of Commissioners), so as to change the compensation of said Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 858. By Mr. Jones of the 84th: A Bill to be entitled an Act to amend an Act providing that prescription shall not run against the owner or holder of certain instruments in favor of a person who has actual or constructive notice of any such

1646

JOURNAL OF THE HOUSE,

instrument, so as to provide that prescription shall run against the holder of certain instruments after the maturity or 10 years after the date of a demand note, unless a renewal is filed; and for other purposes.
Referred to the Committee on Judiciary.

HB 859. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act placing the sheriff o* Pierce County upon an annual salary, so as to change the compeixsation of the two full-time deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.

HB 860. By Mr. Phillips of the 38th: A Bill to be entitled an Act to amend an A^ placing the sheriff of Harris County on a salary system in lieu of * fee system, so as to pro vide that the number of duties shall -ot be increased or decreased unless such meres'- or decrease is -pproved by the sheriff and the governing P -j"ority of Harris Coity; and for other purposes.
Refer- ' " ^e Committee on Local Affairs.
HB 861. By Messrs. Roach and Harris of the 10th, Williams and Cooper of the llth:
A Bill to be entitled an Act to amend an Act providing for one addi tional judge of the superior court of the Blue Ridge Judicial Circuit, so as to authorize the judges of said circuit to employ an official court reporter; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 867. By Messrs. Cooper of the llth and Wheeler of the 18th:
A Bill to be entitled an Act to provide for the organization, jurisdiction, venue, practice and procedure of certain courts whbh are below the Superior Court level; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 868. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the sheriff of Seminole County, so as to change the com pensation of said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, MARCH 11, 1969

1647

HB 869. By Messrs. Adams of the 100th, Lane of the 101st, Brantley of the 114th, Ross of the 26th, DeLong of the 80th, Dent of the 79th, Johnson of the 29th, Sims of the 106th and others:
A Bill to be entitled an Act to amend Code Section 92-3107 relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.
Referred to the Committee on Ways and Means.

HB 870. By Messrs. Northcutt, Lee and Gary of the 21st:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Mountain View; and for other purposes.
Referred to the Committee on Local Affairs.

HB 871. By Messrs. Vaughn and Jordan of the 74th:
A Bill to be entitled an Act to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserv ing the health, safety, welfare and morals of the citizens thereof as it may deem advisable, etc., to cite the constitutional authority for this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 872. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Wayne County on an annual salary, so as to change the annual salaries of the sheriff and the clerk of the superior court of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 300-872. By Messrs. Davis of the 86th, Morris of the 73rd and Chandler of the 34th:
A Resolution prohibiting the expenditure of State funds for guard duty, utilities and maintenance of the old Governor's Mansion in Ansley Park, Atlanta, Georgia, after a certain date; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 873. By Mr. Simmons of the 4th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the

1648

JOURNAL OP THE HOUSE,

County of Gilmer, and creating a new charter for said City, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 874. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A Bill to he entitled an Act to amend an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes.", so as to change the compensation of the Court Reporter of the Oconee Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 875. By Mr. Clarke of the 33rd:
A Bill to be entitled an Act to create a new Board of Education of Butts County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 876. By Mr. Lewis of the 37th: A Bill to he entitled an Act to amend an Act incorporating the City of Waynesboro, so as to provide that councilmen (or aldermen) of the City of Waynesboro shall each be elected at large by the voters of the City of Waynesboro without regard to wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 878. By Messrs. Kreeger, Wilson, Housley, McDaniell, Henderson and Atherton of the 117th: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide that said court shall be a court of record except in certain cases; and for other purposes.
Referred to the Committee on Local Affairs.
HB 879. By Messrs. Kreeger, Wilson, McDaniell, Henderson and Atherton of the 117th: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to extend the jurisdiction of said court to certain cases involving injuries to the person; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, MARCH 11, 1969

1649

HB 880. By Messrs. Geisinger and Collins of the 72nd, Higginbotham, Davis, Floyd and Westlake of the 75th, Harris, Farrar and Thomason of the 77th, Dean of the 76th, and Morris of the 73rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Doraville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the 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 885. By Messrs. Peterson and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the form of government of said city from a Mayor-Council form of government to a Council-Manager form of government; and for other purposes.
Referred to the Committee on Local Affairs.

HB 886. By Messrs. Miles of the 78th and Dent of the 79th:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution, so as to create a joint city-county board of tax assessors for Richmond County and the City of Augusta as so authorized; and for other purposes.
Referred to the Committee on Local Affairs.

HB 887. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to provide for a Board of Adjustment for the Employees of the State of Georgia; to provide for all matters rela tive to the foregoing; and for other purposes.
Referred to the Committee on Judiciary.

HB 888. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to provide for a Board of Inquiry for the Employees of the State of Georgia; to provide for all matters relative to the foregoing; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 889. By Messrs. Longino of the 98th, Horton, Cook and Hawes of the 95th, and Lane of the 101st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn, so as to provide for the election of councilmen by council seat positions; to establish the hours that polls shall be open so as to conform to the State Laws and for other purposes.
Referred to the Committee on Local Affairs.

HR 303-889. By Mr. Jordan of the 55th:
A Resolution requesting the Commissioner of Labor of the State of Georgia to promulgate specific rules covering safety standards for industrial workers who are exposed to formaldehyde fumes and vapors; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 304-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 305-889. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non profit hospitals until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 306-889. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution to ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

TUESDAY, MARCH 11, 1969

1651

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 840. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Warren County; and for other purposes.

HB 841. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend Code Section 56-2004, relating to the qualifications required of Farmers' Mutual Fire Insurance Com panies, so as to change the qualifications required prior to the issuance of a certificate of authority; and for other purposes.

HB 843. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, the ordi nary and the tax commissioner of Coffee County and placing said of ficers on an annual salary, so as to fix the compensation of said of ficers; and for other purposes.

HR 276-843. By Messrs. Gunter and Moore of the 6th:
A Resolution authorizing the grant of an easement and the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

HR 277-843. By Mr. Connell of the 79th: A Resolution compensating Alice Mae McBride; and for other purposes.
HR 278-843. By Mr. Connell of the 79th: A Resolution compensating William Grady Parrish; and for other purposes.

HB 845. By Mr. Hargrett of the 58th:
A Bill to be entitled an Act to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; and for other purposes.

1652

JOURNAL OP THE HOUSE,

HB 846. By Messrs. Rowland and Douglas of the 42nd:
A Bill to be entitled an Act to create a Board of County Commissioners of Johnson County, so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said Board of County Commissioners; and for other purposes.

HB 847. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 114-410, relating to two permanent injuries, so as to change the maximum amount of com pensation which an employee who receives two permanent injuries may receive; and for other purposes.

HB 848. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to provide a special fund to be known as the "Subsequent Injury Fund", to be managed by the State Comptroller General; and for other purposes.
HB 849. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 68-221, relating to the time within which non-residents must purchase license plates, so as to require non-residents to purchase license plates immediately under certain conditions; and for other purposes.
HB 850. My Messrs. Bell and Morris of the 73rd, Collins and Geisinger of the 72nd, Dean of the 76th, Davis, Floyd, Westlake and Higginbotham of the 75th, Jordan and Vaughn of the 74th, Farrar, Thomason, Levitas and Harris of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to change the method of filling vacancies on the Board of Commissioners; and for other purposes.
HB 851. By Messrs. Funk of the 92nd, Gignilliat of the 89th, Ellis of the 91st and Hill of the 94th:
A Bill to be entitled an Act creating and organizing the Commissioners of Chatham County, and defining their jurisdiction and duties, so as to provide that 5 Commissioners of Chatham County and ex-officio judges constitute a quorum to transact the business of Chatham County; and for other purposes.
HR 298-851. By Mr. Collier of the 54th:
A Resolution authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County; and for other purposes.

TUESDAY, MARCH 11, 1969

1653

HB 852. By Messrs. Rowland of the 42nd and Paris of the 14th:
A Bill to be entitled an Act to amend Code Section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any per son, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing even though such person may be available to testify in person at the hearing; and for other purposes.

HB 853. By Messrs. Jones of the 59th and Harrison of the 66th:
A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to provide for ratification by the General Assem bly of all mineral leases executed by the Mineral Leasing Commission; to limit the authority of the Mineral Leasing Commission to execute leases; and for other purposes.

HB 862. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act approved March 16, 1966 (Ga. L. 1966, p. 523), relating to the determination of income taxes on compensation of certain armed forces personnel to provide for the abatement of income taxes of deceased members of armed forces engaged in Vietnam combat zones; and for other purposes.

HB 863. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend Code Section 22-1313 of the Geor gia Code of 1933 as amended, so as to change certain requirements in presenting and filing articles of dissolution; and for other purposes.

HB 864. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that any employer who withholds more than $100 monthly shall pay such money to State depositories designated by the Commissioner; and for other purposes.

HB 865. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to be entitled an Act to amend an Act approved April 18, 1967 (Ga. L. 1967, p. 788), so as to provide for a tax return to be used in connection with the transfer of real property; and for other purposes.
HB 866. By Mr. Hale of the 1st: A Bill to be entitled an Act to authorize any court of competent juris diction to require the posting of a bond, with surety approval by the

1654

JOURNAL OF THE HOUSE,
court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, construction, improving, etc., of any public improvement, project, or facility or the creation, organiza tion, or formation of any political subdivision; and for other purposes.

HR 299-866. By Mr. Pafford of the 64th: A Resolution compensating Mr. Willis Holloway; and for other purposes.

HR 302-876. By Messrs. Harrington and Chandler of the 34th: A Resolution compensating Dr. J. J. Word; and for other purposes.

HB 877. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by said De partment; and for other purposes.

SB 20. By Senators Bateman of the 27th, Carter of the 14th, Webb of the llth and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; and for other purposes.

SB 53. By Senators Ward of the 39th, Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to be entitled an Act to amend an Act approved August 13, 1924, and the several Acts amendatory thereof, providing for 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 66. By Senators Johnson of the 38th, Hardy of the 56th, Coggin of the 35th, and others:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure connected with the pay ment thereof; and for other purposes.

TUESDAY, MARCH 11, 1969

165&

SB 80. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions for members of police departments of cities of more than 150,000 in population, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act; and for other purposes.

SB 99. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act amending the Act establish ing the Criminal Court of Atlanta, so as to change the provisions relat ing to the filling of vacancies occurring in the offices of Judge and Solicitor General of said court; and for other purposes.

SB 100. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend the Act creating the Civil Court of Fulton County, so as to change the provisions relating to the filling of vacancies occurring in the office of the judge of said court; and for other purposes.

SB 133. By Senators Stephens of the 36th, Hardy of the 56th, Garrard of the 37th, and Johnson of the 38th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to appointment of judges in the office of presiding judge or associate judge of the municipal court; and for other purposes.
SB 216. By Senator Smith of the 18th: A Bill to be entitled an Act to designate and establish the State Court of Houston County as the "special court" provided for by Art. VI, Sec. IX,, Para. I of the Constitution; and for other purposes.
SB 220. By Senator Reynolds of the 48th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to redefine the City Limits of said City; to provide for a referendum; and for other purposes.
SB 232. By Senator London of the 50th: A Bill to be entitled an Act to create a Board of Commissioners of Rabun County; to provide for a special election; to provide for commis sioner districts; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 238. By Senators Hensley of the 33rd, Fincher of the 51st, London of the 50th, and Andrews of the 49th:
A Bill to be entitled an Act to amend an Act approved April 14, 1967 (Ga. Laws 1967, p. 604), so as to authorize State Highway Department to acquire and convey rights-of-way and easements to Federal Govern ment for the Federal construction of Blue Ridge Parkway; and for other purposes.

SB 243. By Senators Coggin of the 35th and Padgett of the 23rd: A Bill to be entitled an Act to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibition on any permanent race track or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; and for other purposes.
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 following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 115-283. Do Not Pass. HR 122-329. Do Not Pass. HR 225-629. Do Pass. HR 229-650. Do Pass as Amended. HR 230-650. Do Pass. HR 232-656. Do Pass as Amended. HR 233-656. Do Pass. HR 235-682. Do Pass. HR 236-682. Do Pass as Amended.
Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Barber of the 15th, Chairman of the Committee on Education, submitted the following report:

TUESDAY, MARCH 11, 1969

1657

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 175. Do Pass. HB 842. Do Pass.

Respectfully submitted, Barber of the 15th, Chairman.

Mr. Rainey of the 47th, Chairman of the Committee on Game and Pish, sub mitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 446. Do Pass. HB 594. Do Pass. HB 832. Do Pass. HB 837. Do Pass.
Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Vaughn of the 74th, Chairman of the Committee on Highways, submitted the following report:

Mr. Speaker:

Your Committee on Highways 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:

SB

85. Do Pass by Substitute.

HR 250-701. Do Pass.

HR 257-758. Do Pass.

Respectfully submitted, Vaughn of the 74th, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Clarke of the 33rd, Chairman of the Committee on Local Affairs, submit ted 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 569. Do Pass. HB 612. Do Pass as Amended. HB 808. Do Pass as Amended. HB 809. Do Pass as Amended. HB 811. Do Pass. HB 816. Do Pass. HB 818. Do Pass. HB 819. Do Pass. HB 820. Do Pass. HB 821. Do Pass. HB 822. Do Pass. HB 823. Do Pass. HB 824. Do Pass. HB 825. Do Pass. HB 826. Do Pass. HB 827. Do Pass. HB 828. Do Pass. HB 829. Do Pass. HB 830. Do Pass. HB 834. Do Pass. HB 835. Do Pass. HB 836. Do Pass. HB 840. Do Pass. HB 843. Do Pass. HB 845. Do Pass. HB 846. Do Pass by Substitute. SB 117. Do Pass. SB 154. Do Pass.

TUESDAY, MARCH 11, 1969

1659

SB 199. Do Pass. SB 213. Do Pass. HR 187-487. Do Pass. HR 274-835. Do Pass.

Respectfully submitted, Clarke of the 33rd, Chairman.

Mr. McClatchey of the 113th, 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 and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 766. Do Pass as Amended. HR 281. Do Pass. HB 703. Do Pass. HB 798. Do Pass.
Respectfully submitted, McClatchey of the 113th, Chairman.

The following communication from His Excellency Lester G. Maddox, Gov ernor, was received:

Honorable George T. Smith Lieutenant Governor (President of the Senate)
and
Honorable George L. Smith II Speaker of the House of Representatives
and
All Members of the General Assembly State Capitol Atlanta, Georgia

February 28, 1969

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JOURNAL OF THE HOUSE,

Dear Ladies and Gentlemen:

Pursuant to the provisions of Code Chapter 91-5, this is to inform you that the State of Georgia has acquired a parcel of land in Lowndes County, Georgia, as highest bidder at public auction under a levy and execution by the State Highway Department. Said levy and execution arose out of a Deficiency Judgment on a condemnation case on Inter state Highway No. 1-75 of the National System of Interstate and De fense Highways in Lowndes County, same being the property formerly owned by Mrs. Chrystelle Hall. The Highway Department had to make the high bid ($10,582.29--the amount of the State's Deficiency Judg ment) in order to adequately protect the State's interest in the same. Title to said property was taken in the name of Lester G. Maddox, Gov ernor of the State of Georgia, and his successors in office, as required by law.

The Sheriff's Deed dated the 18th day of December, 1968, and sup porting documents conveying said parcel of land to Lester G. Maddox, Governor of the State of Georgia, and his successors in office, are re corded in Deed Book 148, pages 56, 57, 58, 59, 60, 61, 62 and 63 of the Deed Records of Lowndes County, Georgia, and the same have been filed with the Secretary of State.

LMrjc

Respectfully, Lester Maddox, Governor

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 569. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several acts amen datory thereof"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 11, 1969

1661

:HB 811. By Mr. Celling of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the power and duties thereof", approved February 20, 1873, and all Acts amendatory thereof, so as to change the compen sation to be paid the Commissioners of Roads and Revenues of Mitchell County, Ga.; and for other purposes.

The report 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 816. By Messrs. Bowen and Rainey of the 47th, Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, approved February 8, 1955, so as to change the compensation of said court reporter; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 818. By Mr. Jordan of the 55th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas, approved August 19, 1919, as amended, so as to change the name 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.

1662

JOURNAL OP THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 819. By Messrs. Higginbotham, Davis, Westlake and Floyd of the 75th, Morris and Bell of the 73rd and others: A Bill to be entitled an Act to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the mem bers of said governing authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 820. By Mr. Pafford of the 64th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Atkinson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 821. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County and providing in lieu thereof an annual salary, approved February 28, 1966, 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.

TUESDAY, MARCH 11, 1969

1663

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 822. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to create the City of Pearson, Georgia, Industrial Authority; to provide the purposes, duties, control, organiza tion and powers of said authority; to provide for the issuing of revenue bonds; general obligation bonds and for the validation of such bonds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 823. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lanier County on an annual salary, approved February 22, 1965, as amended, so as to change the salary of the sheriff and his deputy; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 824. By Mr. Pafford of the 64th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Lanier County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

1664

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 825. By Mr. Pafford 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 the County of Lanier (now Board of Commissioners of Lanier County), approved March 7, 1933, as amended, so as to change the compensation of said commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 826. By Messrs. Dean and Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating a board of county commissioners for the County of Polk, approved August 19, 1919, as amended, so as to provide for regular meetings 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 827. By Messrs. Dean and Murphy of the 19th: A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensa-

TUESDAY, MARCH 11, 1969

1665

tion, approved March 10, 1959, as amended, so as to provide for an addi tional motor vehicle for use by the sheriff 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 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 828. By Messrs. Douglas and Rowland of the 42nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Laurens County, approved December 1, 1893, as amended, so as to change the compensation of the commissioners; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 829. By Messrs. Cato and Conger of the 68th: A Bill to be entitled an Act to amend an Act creating the City Court of Bainbridge, approved November 7, 1900, as amended, so as to change the name of said court to the Civil and Criminal Court of Decatur County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1666

JOURNAL OP THE HOUSE,

HB 830. By Messrs. Cato and Conger of the 68th:
A Bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Decatur County; to designate and name said terms of Court; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 834. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 835. By Messrs. Milford and Mauldin of the 12th: A Bill to be entitled an Act to amend an Act incorporating the City of Hartwell, approved February 26, 1856, as amended, so as to change the term of office of the mayor; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 11, 1969

1667

HB 836. By Mr. Pafford of the 64th:
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 (now Atkinson County Commission), approved July 23, 1931, as amended, so as to change the compensation of the said commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 117. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees and compensation now allowed by law, approved February 27, 1947, as amended, so as to change the amount of said monthly allowance; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 154. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, approved August 18, 1919, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

1668

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 199. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, approved August 18, 1919, as amended, so as to change the compensation of the judge of said court; to provide an effective date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 213. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Baldwin County, approved December 2, 1888, as amended, so as to change the compensation which may be paid to said county commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 274-835. By Mr. Hadaway of the 27th: A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports to the Judges of the Superior Court of Jones County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.

TUESDAY, MARCH 11, 1969

1669*

The Resolution, having received the requisite constitutional majority, was. adopted.

HB 612. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner; to provide a new char ter therefor; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend House Bill No. 612 as follows:
By adding at the end of Section 4-6 of Article IV immediately fol lowing the word "a" the following: "Code shall be passed in accordance with Section 4-1."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 808. By Messrs. Mason and Nash of the 13th: A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, as amended, so as to change the compensation of the sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend House Bill No. 808 as follows:
By inserting in the title immediately before the phrase, "to pro vide an effective date;" the following: "to provide for periodic increases in the compensation of said officers;"

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By striking from subsection (b) of quoted Section 2 of Section 1
the figure, "$11,000.00" and inserting in lieu thereof the figure, "12,500.00".

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new section to be designated Section 2 and to read as follows:

"Section 2. Said Act is further amended by adding a new sec tion immediately following Section 2 to be designated Section 2A and to read as follows:

'Section 2A. The compensation provided by Section 2 of this Act for the Sheriff, Clerk of the Superior Court and Ordinary of Gwinnett County shall be increased at the beginning of each new term of office by 10% of the amount of compensation payable to each of said officers. The first such increase shall be effective on January 1, 1973.' "

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 809. By Messrs. Mason and Nash of the 13th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County, into the office of Tax Commissioner, as amended, so as to change the compensation of the Tax Commissioner; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend House Bill No. 809 as follows:
By inserting in the title immediately before the phrase, "to provide an effective date;" the following: "to provide for periodic increases in the compensation of said officer;"
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively,

TUESDAY, MARCH 11, 1969

1671

and by adding a new section to be designated Section 2 and to read as follows:

"Section 2. Said Act is further amended by adding a new sec tion immediately following Section 4 to be designated Section 4A and to read as follows:

'Section 4A. The compensation provided by Section 4 of this Act for the tax commissioner of Gwinnett County shall be increased at the beginning of each new term of office by 10% of the amount of compensation payable to said officer. The first such increase shall be effective on January 1, 1973.' "

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:

HR 229-650. By Mr. Harris of the 77th: A Resolution compensating Mr. J. L. Blackstock; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 229-650 by changing the figure $300.00 as it appears in the last paragraph of said Resolution and sub stituting in lieu thereof the figure $200.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, as amended, the ayes were 164, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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HR 232-656. By Mr. Brooks of the 17th:
A Resolution compensating Mrs. Hollis Carrington; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 232-656 by changing the figure $550.00 as it appears in the last paragraph of said Resolution and sub stituting in lieu thereof the figure $441.82.
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 164, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 236-682. By Mr. Lane of the 44th: A Resolution compensating Mr. John R. Lanier; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 236-682 by changing the figure $209.42 as it appears in the last paragraph of said Resolution and sub stituting in lieu thereof the figure $200.62.
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 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

TUESDAY, MARCH 11, 1969

1673

HR 225-629. By Mr. Vaughn of the 74th:
A Resolution compensating Mrs. Eleanor Francis; 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.

HR 230-650. By Mr. Burruss of the 117th: A Resolution compensating Mrs. Betty Smith; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 233-656. By Mr. Brooks of the 17th: A Resolution compensating Mr. J. M. Akins; 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.

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HR 235-682. By Mr. Paris of the 14th: A Resolution compensating Donald L. Wall; 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.
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 104. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A Bill to amend an Act relating to the manufacture, sale and taxing of wine, so as to provide for an increase in the excise taxes on certain wines; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 133-375. By Mr. Rush of the 51st:
A Resolution relative to protection of the Capitol Building and Grounds; and for other purposes.

HR 199-575. By Messrs. Dodson of the 82nd, Knapp, Evans, and Pinkston of the 81st:
A Resolution authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes.

TUESDAY, MARCH 11, 1969

1675

HR 293. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A Resolution commending Honorable A. S. Furcron, Director, Depart ment of Mines, Mining and Geology; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 218. By Mr. Williams of the llth:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to authorize the Director of the Department of Public Safety to make necessary rules and regulations for the administration and enforcement of the motor vehicle inspection program, etc.; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

HB 120. By Mr. Vaughn of the 74th:
A Bill to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and non-profit organizations displaced as a result of roads, streets and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, etc.; and for other purposes.
HB 89. By Mr. Hale of the 1st:
A Bill to amend Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, so as to eliminate those provisions which prohibit her from binding her separate estate by a contract of suretyship, the assumption of the debts of her husband and the sale of her separate estate to creditors of her husband to extinguish his debt; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:
SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional officers; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

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SR 80. By Senators Smith of the 34th, Kidd of the 25th, Bateman of the 27th, and others:
A Resolution requesting the Governor to make the necessary funds available for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation.

By unanimous consent, the following Resolutions of the Senate were read the first time and referred to committees:

SR 5. By Senators Bateman of the 27th and Broun of the 46th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide shorter periods of county residence for persons to be allowed to vote for certain constitutional ^' officers; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 80. By Senators Smith of the 34th, Kidd of the 25th, Bateman of the 27th, and others:
A Resolution requesting the Governor to make the necessary funds avail able for the placing of a Medal of Honor Monument in the Medal of Honor Grove of Freedom's Foundation; and for other purposes.
Referred to the Committee on Rules.

SR 76. By Senator Stephens of the 36th: A Resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolution of the House was read and adopted:

HR 309. By Mr. Sorrells of the 24th:
A RESOLUTION
Expressing sympathy at the passing of First Lieutenant Dennis S. Coker; and for other purposes.
WHEREAS, Lieutenant Dennis S. Coker lost his life at 2:00 a.m. on March 2, 1969, as a result of enemy mortar fire in a battle in South Viet Nam; and

TUESDAY, MARCH 11, 1969

1677

WHEREAS, Lieutenant Coker was a member of the 191st AHC of the 9th Infantry and had been in service for 1% years; and

WHEREAS, he was a graduate of the Georgia Institute of Tech nology where he received his commission through ROTC; and

WHEREAS, he is the son of Mr. and Mrs. Harold A. Coker of Monroe, Georgia; and

WHEREAS, it is the desire of the members of this body to recog nize this courageous young man for his gallantry in combat and for paying the supreme sacrifice in the service of his country.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regret at the untimely passing of First Lieutenant Dennis S. Coker and extends its sincerest sympathy to his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. and Mrs. Harold A. Coker.

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 207. By Mr. Conner of the 66th:
A Bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensation of the chief deputy; and for other purposes.

HB 210. By Mr. Conner of the 56th: A Bill to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to pro vide in lieu thereof an annual salary; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

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JOURNAL OF THE HOUSE,

SR 76. By Senator Stephens of the 36th:
A Resolution creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.

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 641. By Messrs. Egan of the 116th, Atherton of the 117th, Dodson of the 82nd, Snow of the 1st, Miller of the 83rd, Jones of the 59th and many others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", as amended, so as to authorize counties to levy a local retail sales tax; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to authorize counties to levy a local retail sales tax; to authorize municipalities to levy such tax under certain circumstances; to provide the procedures connected there with; to provide for all other matters relative thereto; to provide for the discontinuation of such tax; to provide for a referendum under certain circumstances; to provide for the state-wide application of the tax under certain conditions; 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. 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, is hereby amended by adding at the begin ning of the first sentence of Section 25 the following language:
"Except as provided in Section 26A",
so that Section 25, when so amended, shall read as follows:
"Section 25. Political subdivisions prohibited from imposing sales or use taxes; exceptions. Except as provided in Section 26A, no county, municipality, school district or political subdivision of the State shall impose, levy or collect a gross receipts, sales or use tax,. or tax on amusement admission or services included in this Chapter:

TUESDAY, MARCH 11, 1969

1679

Provided, however, that the provisions of this Section shall not be construed to apply to a fixed license; occupational or franchise tax based on gross receipts or on a gross receipts basis: and Provided, further, that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors."

Section 2. Said Act is further amended by adding a new Section to be known as 26A, to read as follows:

"Section 26A. Local governments authorized to levy a local retail sales tax.
"(a) The governing authority of any county shall be author ized to levy a local retail sales tax at the rate of one (1 %) percent to provide revenue to be distributed as hereinafter provided. In the event the governing authority of a county adopts a resolution im posing a local sales tax under this Section, each municipality located in said county shall automatically come under the provisions of this Section and share in the revenue collected hereunder as here inafter provided. Such tax shall be added to the rate of the State sales tax imposed by the 'Georgia Retailers' and Consumers' Sales and Use Tax Act', approved February 20, 1951 (Ga. Laws 1951, p. 360), and shall be subject to all the provisions of said Act and all amendments thereto and the rules and regulations published with respect thereto.

"(b) The governing authority of any county shall be author ized to levy a local sales tax under this Section by adopting a reso lution during the first thirty (30) days of any calendar quarter stating its purpose and referring to this Section, and providing that such resolution shall be effective on the first day of the next suc ceeding quarter after its adoption. A certified copy of such resolu tion shall be forwarded to the State Revenue Commissioner so that it will be received within five (5) days after its adoption.

"(c) Any local sales tax levied under this Section shall be administered and collected solely by the State Revenue Commis sioner in the same manner and subject to the same penalties as provided for the State sales tax. No variance shall be permitted between the State and local sales taxes. The vendor's responsibility shall be to the State Revenue Commissioner and not to the local governing authority of the county or municipality. The local govern ing authority of a county shall be prohibited from making sales tax audits. The Revenue Department shall be allowed a fee of one (1%) percent of the total amount of the local sales taxes collected as a cost of administration and said fees shall be deposited in the State Treasury.

"(d) All sales tax monies collected by the State Revenue Com missioner under this Section, except the fees for collecting and ad ministering the tax which shall be paid into the general fund, shall be paid to the State Treasurer to the credit of a special fund which

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is hereby created on the books of the State Treasurer under the name 'Collections of Local Sales Taxes', and such local sales tax monies shall be credited to the account of each particular county in which the local sales taxes are collected as follows:

"(1) One half of the amount of sales tax revenue attributable to sales in each county as shown by the records of the State Rev enue Commissioner shall be allocated to each such county.

"(2) The remaining one-half of the sales tax revenues shall be allocated among the counties imposing the tax on a population basis in the same proportion that each county's population bears to the total population of all participating counties.

"(3) Forty (40%) percent of the total funds allocated to any participating county shall be further allocated to the Board of Education of the county school system, or if there is more than one public school system in the county, the forty (40%) percent shall be allocated between the school systems on the basis of an average daily attendance of pupils during the preceding school year, attend ing public schools within the county. Each school system within the county shall allocate such share of the proceeds in the proportion that its respective average daily attendance bears to the average daily attendance of all pupils attending public schools within the
county.

"(4) The remaining sixty (60%) percent of the total funds allocated to each county shall be further allocated by the State Treasurer to the governing authority of the county and the govern ing authority of each municipal corporation within the county. The amount so allocated to each county and to each municipality shall be
based on population. The county shall be allocated such share of the proceeds as the population of the unincorporated area of the county bears to the population of the whole county, each municipality shall be allocated such share of the proceeds as its respective popu lation, or of that part of the municipality lying within the county, bears to the population of the whole county.

" (e) As soon as practicable after the local sales tax monies have been paid into the State Treasury in any month for the pre ceding month, and allocated as hereinabove provided, the State Treasurer shall draw his warrant on the State Treasury in the proper amount in favor of each county, municipality, and school system entitled to the monthly return of its local sales tax monies, and such payments shall be charged to the account of each county, municipality, and school system, under the special fund created by this Section. If errors are made in any such payment, or adjust ments are otherwise necessary, whether attributable to refunds to taxpayers, or some other fact, the errors shall be corrected and adjustments made in the payment for the next month or subsequent months.
"(f) All penalties and interest collected under the provisions of this Act shall be prorated between the State and the county,

TUESDAY, MARCH 11, 1969

1681

municipality, and school system, on such basis as may be prescribed by the State Revenue Commissioner.

"(g) As used in this Section 'municipality' shall mean and in clude only those municipalities incorporated under the laws of Georgia which had a population in excess of 100 according to the most recent U. S. Census, and which impose a local tax other than that tax provided for hereunder, and which provides at least three of the following services:
(1) Water service
(2) Sewerage service
(3) Garbage collection
(4) Police protection
(5) Fire protection.
"(h) The population of any incorporated municipality which does not qualify under subsection (g) shall be counted as part of the county population for the purposes of determining the county's share.

"(i) The State Revenue Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act or the other laws or the Constitution of this State or the United States, for the administration and enforcement of the provisions of this Section and the collection of revenues hereunder.

"(j) Notwithstanding any other provisions of this Act, the governing authority of any county in which a local retail sales tax has been levied pursuant to this Section shall be authorized to dis continue the levying of such tax by adopting a resolution during the first thirty (30) days of any calendar quarter stating its pur pose and referring to this Section, and providing that such reso lution shall be effective on the first day of the next succeeding quarter after its adoption. The governing authority of a county shall not have the power to discontinue a tax imposed under para graph (k) of this Section.
"(k) In the event the governing authority of the county seat of the county or the most populous municipality within the county adopts a resolution requesting the governing authority of the county to levy a local retail sales tax as provided in this Section and such tax is not levied within ninety (90) days after the adoption of said resolution, the governing authority of any municipality in such county is hereby authorized to levy a local retail sales tax. Such tax shall be levied in the same manner and in the same amount that a county is authorized to levy such tax under this Section. All provisions of this Section applying to a county shall apply to such municipality, except the proceeds of the tax shall be distributed as follows:

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"(1) In the event there is no independent school system in tne municipality, all of the proceeds shall be distributed to the munici pality.

"(2) In the event there is an independent school system in the municipality, 40% of the proceeds shall be distributed to the inde
pendent school system and the remaining 60% shall be distributed to the municipality.

"(1) Whenever population is used in this Act, it shall mean the population as determined according to the latest U. S. Census.

"(ni) Upon the petition of at least 10% of the resident electors in the area affected within thirty days after the adoption of said resolution or ordinance requesting a referendum on whether the governing authority shall repeal the local sales tax previously adopted, the effective date of the adopting resolution or ordinance shall be suspended until approved in a referendum; Provided, if the local sales tax resolution or ordinance has already become effective at the time of receipt of such petition, the local sales tax shall not be suspended pending the outcome of the referendum. The governing authority, upon determining the validity of the petition, shall set the date for such referendum for a day not less than fifteen (15) days and not more than thirty (30) days after receipt of the peti tion. Upon receipt of a valid petition, the governing authority shall immediately notify the Revenue Commissioner that a referendum has been requested. If a majority of the qualified voters voting in such referendum shall approve the resolution or ordinance imposing the local sales tax, the adopting resolution or ordinance shall become effective on the first day of the next calendar quarter; Provided, however, if the next calendar quarter begins within 30 days after the result of the referendum is announced, then the resolution or ordinance shall not become effective until the next subsequent calen dar quarter. If a majority of the qualified voters voting in such referendum shall disapprove the adoption of the local sales tax, the adopting resolution or ordinance shall be void and of no force and effect, and if the local sales tax has not been suspended pending the referendum, the resolution or ordinance shall become void and of no force and effect at the end of the next succeeding fiscal quarter. The governing authority shall not adopt another resolution or ordi nance imposing the tax authorized by this Act until the expiration of at least six months, after the qualified voters disapprove of the
adoption of a local sales tax. It shall be the duty of the governing
authority to notify the Revenue Commissioner of the result of any referendum held pursuant to this subsection. After the initial time for filing a petition has passed, petitions requesting a referendum on whether the locally imposed sales tax shall be repealed may be received by the governing authority at any time and a referendum
shall be held. The result of any such referendum shall not become effective until the next fiscal year of the county or municipality; Provided, however, that if the referendum is held within three months immediately preceding the next fiscal year, then the result of any such referendum shall not become effective until the next succeeding fiscal year. Any referendum held pursuant to this sub-

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1683

section shall be conducted in the same manner as special elections are conducted in the county or municipality, and the governing authority shall bear the expenses of holding such referendum. After one referendum has been held under the provisions of this Section in which the imposition of the tax was sustained a petition of twenty-five (25%) percent of the resident electors shall be re quired for any subsequent referendum.

" (n) Within six months after the State Revenue Commissioner pronounces that the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population the local sales tax author ized herein shall be imposed by the governing authority of all other counties throughout the State.

The State Revenue Commissioner is hereby designated as the State official entrusted with the duty of keeping records of those political subdivisions adopting the local sales tax, and when the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population, he shall immediately notify each municipality and county of such fact.

The provisions of this paragraph shall not restrict the rights or duties of local governing authorities under paragraphs (j) and (m) of this Section."

Section 3. The provisions of this Act shall become effective upon its approval by the Governor or its becoming law without his approval..

Section 4. Severability. In the event any section, subsection, sen tence, 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, sentence, clauses or phrases of this Act, which shall remain of so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconsti tutional 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 unconsitutional.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Committee substitute was read and adopted::

Mr. Mullinax of 30th moves to amend Committee Substitute to HB, 641 as follows:

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JOURNAL OP THE HOUSE,

1. By adding in the title before the words "to provide a severability clause", the words "to provide for the reduction of ad valorem taxes;".

2. By adding a new paragraph at the end of quoted Section 26A, contained in Section 2 of said bill, to be known as paragraph (o), to read as follows:

"(o) Any other provisions of this section or any other law to the contrary notwithstanding, the governing authority of each county and municipality participating in the allocation of the revenue collected pursuant to this section, when fixing the ad va lorem tax millage rate each year, shall determine the millage rate without regard to this section. Each such governing authority 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 be not less than an amount equal to 10 per cent (10%) of the total amount of funds received by such county or municipality pursuant to this section in the immediately preceding calendar year."

An amendment, offered by Mr. Salem of the 51st, was read and lost.
The following amendment was read:
Mr. Parker of the 44th moves to amend the Committee Substitute to HB 641 as follows:
By inserting in the title before "; to repeal conflicting laws;" the following:
"to provide that sales of advertising space in magazines, news papers and other periodicals shall be included within the meaning of 'retail sale' and 'sale at retail'; to provide that sales of adver tising time on radio and television sales of advertising time or film footage in movies, and sales of billboard space shall be included within the meaning of 'retail sale' or 'sale at retail';"
And by redesignating present Section 3 of said bill as Section 4, and by inserting a new Section 3, to read as follows:
"Section 3. Said Act is further amended by adding a new paragraph, to be designated as paragraph "(e)", to the end of Section 3 (c) 1, which shall read as follows:
' (e). Sales of advertising space in magazines, newspapers and other periodicals; sales of advertising time on radio and television; sales of advertising time or film footage in movies, and sales of billboard space.'"

TUESDAY, MARCH 11, 1969

1685

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Black Brown, B. D. Crowe Davis, W. Dickinson Gunter Harris, J. R. Hawes Higginbotham Hill, B. L. Hill, G.

Jordan, G. Jordan, H. S. Knowles Lane, W. J. Leonard Longino 'Matthews, D. R. Murphy Nessmith Northcutt Odom

Paris Parker, H. W. Phillips, W. R. Pickard Ross Russell Salem Shanahan Simmons Westlake Wheeler, J. A.

Those voting in the negative were Messrs.

Adams Alexander Anderson Atherton Ballard Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Bostick Bo wen Brantley, H. H. Bray Brooks Brown, C. Buck Burruss Busbee Carnes Gates Cato Chandler Clarke Cole Collier Colwell
Connell
Conner
Cook

Cooper Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. DeLong Dent Dixon Dodson Dorminy Douglas Edwards Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hadaway Hale
Hargrett
Harrington
Harris, J. F.

Harris, R. W. Harrison Henderson Holder Hood Horton Housley Howell Hudson Johnson Jones, C. M. Jones, Herb Jones, M. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McClatchey McCracken
McDaniell
Melton
Merritt

1686
Milford Miller Moate Morris Mullinax Nash Nunn Pafford Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Potts

JOURNAL OF THE HOUSE,

Reaves Roach Rush Scarborough Scarlett Shepherd Sherman Simkins Sims Smith, J. R. Smith, V. T. Snow Sorrells Sweat

Thomason Toles Town send Vaughn Wamble Ware Whaley Wheeler, Bobby Wilkerson Williams Wilson Winkles Wood

Those not voting were Messrs.:

Brantley, H. L. Caldwell Collins, M. Collins, S. Conger Funk Hamilton

Hutchinson Joiner, F. A. Miles Moore Parker, C. A. Peterson Poole

Rainey Rowland Thompson, A. W. Thompson, R. Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 33, nays 143.

The amendment was lost.

Mr. Wheeler of the 18th stated that he had inadvertently voted "aye" but intended to vote "nay" on the adoption of the Parker amendment.

The following amendment was read and adopted:
Mr. Cole of the 3rd moves to amend the Committee Substitute to HB 641, as follows:
By striking from subsection (d) of quoted Section 26A of Section 2 the following:
"(d) All sales tax monies collected by the State Revenue Com missioner under this Section, except the fees for collecting and ad ministering the tax which shall be paid into the general fund, shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name 'Collections of Local Sales Taxes', and such local sales tax

TUESDAY, MARCH 11, 1969

1687

monies shall be credited to the account of each particular county in which the local sales taxes are collected as follows:
"(1) One half of the amount of sales tax revenue attributable to sales in each county as shown by the records of the State Revenue Commissioner shall be allocated to each such county.",

and inserting in lieu thereof the following:

"(d) All sales tax monies collected by the State Revenue Com missioner under this Section, except the fees for collecting and ad ministering the tax which shall be paid into the general fund, shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name 'Collections of Local Sales Taxes'. The basis of such tax shall be the point of delivery of the item as shown by the records of the State Revenue Commissioner, namely the county where the item is delivered without regard to the county where the item is purchased. An item purchased in a county that is levying a tax pursuant to this Section, but delivered to a county where such tax is not levied, shall not be subject to the tax provided herein. Such local sales tax monies shall be credited to the account of each particular county in which the local sales taxes are collected as follows:

"(1) One half of the amount of sales tax revenue attributable to each county as shown by the records of the State Revenue Com missioner shall be allocated to each such county."

The following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend the Committee substitute to HB 641 by adding (1) a new section immediately before the last section to read as follows:
"It is the sense of the General Assembly that local governments shall consider the reduction of ad valorem taxes in light of the funds to be received under this Act."
(2) to renumber the last sentence accordingly.

An amendment, offered by Messrs. Matthews and Farmer of the 16th, was read and lost.

The following amendment was read:
Mr. Pelton of the 95th moves to amend HB 641 (Committee Substi tute) as follows:

1688

JOURNAL OF THE HOUSE,

1. By adding to the eighth line of the tile between the word "con dition;" and the word "to" the words "to provide that certain trans actions shall be exempt from the Act;"

2. By renumbering Section 3, 4 and 5 as Sections 4, 5, and 6 respectively.

3. By adding a new Section 3 to read as follows: No retailer shall collect any sales tax, whether statewide or local, as a result of any transaction in which food is purchased by a person utilizing food stamps issued by the United States or any agency authorized to issue such stamps; said transactions are declared exempt from the application of
this Act or any previous Act.

The Commissioner of Revenue is authorized to promulgate such rules and regulations as are necessary to carry out the purposes of this Section.

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 Atherton Ballard Barber Barfield Battle Bell Bennett Berry Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Carnes Gates Cato Chandler Clarke Collier Collins, S. Colwell Connell Cook

Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dixon Dodson Egan Ellis Evans Ezzard Fallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Graves Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawes

Henderson Hill, B. L. Hill, G. Hood Horton Howell Hudson Johnson Jones, C. M. Jones, M. Jordan, G. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Marcus Mason 'Matthews, D. R. Maxwell McClatehey McDaniell Merritt

Miller Moore Morris Mullinax Murphy Nash Nessmith Northcutt Nunn Odom Pafford Paris Parker, C. A. Parker, H. W. Peters

TUESDAY, MARCH 11, 1969

1689

Phillips, L. L. Pickard Pinkston Potts Reaves Roach Ross Scarborough Scarlett Shanahan Shepherd Sherman Simkins Sims Smith, V. T.

Sorrells Sweat Thomason Toles Townsend Vaughn
Ware Westlake Wheeler, J. A. Wilkerson Williams Wilson Winkles Wood

Those voting in the negative were Messrs.

Anderson Black Bo wen Cole Collins, M. Conger Dailey DeLong Dent Dickinson Dorminy

Douglas Hadaway Higginbotham Holder Joiner Jones, Herb Keyton Knowles Lambert Leonard Moate

Rainey Rowland Rush Russell Simmons Smith, J, R Snow Wamble Whaley

Those not voting were Messrs.:

Bohannon Bostick Brooks Busbee Caldwell Conner Edwards Funk Grahl Gunter Hale

Hamilton Hargrett Harrington Housley Hutchinson Lowrey Matthews, C. Mauldin McCracken Melton Miles

Milford P'atterson
Peterson Phillips, G. S. Phillips, W. R. Poole Salem Thompson, A. W. Thompson, R. Wheeler, Bobby Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 131, nays 31.
The amendment was adopted.

1690

JOURNAL OF THE HOUSE,

An amendment, offered by Mr. Nessmith of the 44th, was read and lost.

Mr. Floyd of the 7th moved that HB 641 and all amendments and substitutes 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 Ballard Black Bowen Busbee Cato Collier Collins, M. Colwell Conger Crowe Davis, E. T. Dickinson Dixon Dorminy Edwards Fallin Floyd, J. H.

Gunter Hadaway Harrington Harris, J. F. Higginbotham Hill, G. Hudson Johnson Jones, M. Jordan, G. Lambert Lee, W. S. Leonard Lewis Mason Mauldin Moate Moore

Nash Odom Patterson Phillips, L. L. Rainey Roach Rush Salem Scarlett Simmons Smith, J. R. Sweat Westlake Whaley Williams Wood

Those voting in the negative were Messrs.

Adams Alexander Atherton Barber Barfield Battle Bell Bennett Berry Blalock Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brooks Brown, B. D. Brown, C. Buck Burruss

Carnes Gates Chandler Cole Collins, S. Connell Cook Cooper Dailey Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Dodson Douglas Egan Ellis Evans

Ezzard Farmer Farrar Felton Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Graves Hale Harris, J. R. Harris, R. W.
Harrison Hawes Henderson
Hill, B. L. Hood Horton

Housley Howell Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Le vitas Lowrey, S. Marcus Matthews, C. Matthews, D. R. Maxwell McClatchey

TUESDAY, MARCH 11, 1969

1691

McCracken McDaniell Melton Merritt Miller Morris Mullinax Murphy Northcutt Nunn Pafford Paris Parker, C. A. Parker, H. W. Peters, R. G. Phillips, G. S. Pickard Pinkston Potts Reaves Ross Rowland

Russell Scarborough Shanahan Shepherd Sherman Simkins Sims Smith, V. T. Snow Sorrells Thomason Thompson, A. W. Toles Townsend Vaughn Wamble Wheeler, J. A. Wilkerson Wilson Winkles

Those not voting were Messrs.:

Bostick Caldwell Clarke Conner Funk Hamilton Hargrett

Holder Longino Miles Milford Nessmith Peterson Phillips, W. R.

Poole Thompson, R. Ware Wheeler, Bobby Mr. Speaker

On the motion to table, the ayes were 52, nays 124.

'The motion was lost.

The following amendment was read:

Messrs. Brooks of the 17th, Conger of the 68th and McCracken of the 36th move to amend the Coommittee substitute to HB 641 as follows:
By striking in its entirety subsection (d) of Section 26A, as con tained in Section 2 of said bill and inserting in lieu thereof a new sub section (d) to read as follows:
"(d) All sales tax monies collected by the State Revenue Com missioner under this Section, except the fees for collecting and

1692

JOURNAL OF THE HOUSE,

administering the tax which shall be paid into the general fund, shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name 'Collection of Local Sales Taxes', and such local sales tax monies shall be credited to the account of each particular county in which the local sales taxes are collected and shall be distributed as follows:

(1) One-half of the amount of sales tax revenue collected pur suant to this Section shall be allocated on a proportionate basis tothe local school systems in the counties imposing the tax on the basis of the average daily attendance of students during the preceding school year attending public schools within the county.

(2) One-fourth of the amount of sales tax revenue collected pursuant to this Section shall be allocated to the municipalities of this State as defined in this Section located in or partially within the counties imposing the tax on a population basis in the same pro portion that each such municipality bears to the total population of all such municipalities.

(3) One-eighth of the amount of sales tax revenue collected, pursuant to this Section shall be allocated among the counties im posing the tax on a population basis in the same proportion that each county's population bears to the total population of all parti cipating counties.
(4) One-eighth of the amount of sales tax revenue collected pursuant to this Section shall be allocated to the counties imposing the tax on a road mileage basis in the same proportion that each county's road mileage bears to the total road mileage of all parti cipating counties.

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 Barber Black Bostick Bowen Brantley, H. L. Bray Brooks Brown, C. Caldwell Cato Clarke Collier

Collins, M. Colwell Conger Conner Dailey Davis, E. T. Dickinson Dixon Dorminy Douglas Edwards Floyd, J. H. Grahl Gunter

Hadaway Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham Holder Howell Hudson Johnson Joiner Jordan, G. Keyton

Knowles Leonard Lewis Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Milford Moate Moore Nessmith Odom

TUESDAY, MAECH 11, 1969

1693

Pafford Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Rainey Roach Ross Rowland Rush

Salem Scarlett Simmons Smith, J. R. Sorrells Sweat Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood

Those voting in the negative were Messrs. :

Adams Alexander Atherton Barfield Battle Bell Bennett Berry Bond Brantley, H. H. Brown, B. D. Buck Burruss Carnes Cates Chandler
Cole
Collins, S.
Connell
Cook
Cooper
Crowe
Daugherty
Davis, W.
Dean, J. E.
Dean, N.
DeLong
Dent
Dodson
Egan
Ellis
ICvans
Ezzard
Tallin
Farmer

Farrar Felton Gary Gaynor Geisinger Gignilliat Graves Harris, J. R. Hawes Henderson Hill, B. L. Hill, G. Hood Horton Housley Hutchinson
Jones, C. M.
Jones, Herb
Jones, M.
Jordan, H. S.
Keen
Knapp
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Longino
Lowrey
Marcus
Mason
Maxwell
McClatchey

McDaniell Melton Miller Morris Mullinax Murphy Nash Northcutt Nunn Paris Peterson Pickard Pinkston Potts Reaves Russell
Scarborough
Shanahan
Shepherd
Sherman
Simkins
Sims
Smith, V. T.
Snow
Thomason
Thompson, A. W.
Toles
Townsend
Vaughn
Wamble
Ware
Wilkerson
Wilson
Winkles

1694

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Blalock Bohannon Busbee Floyd, L. R.

Punk Hale Hamilton Miles

Poole Thompson, R. Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 80, nays 104.

The amendment was lost. The following amendment was read:

Messrs. Farmer of the 16th and Dean of the 19th move to amend Committee Substitute to HB 641, as follows:

By adding in the title, after the following:
"certain conditions;",
the following:
"to provide for exemptions;".
By striking the period at the end of subsection (a) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of subsection (a) the following:
"except as provided in subsection (o)."
By striking the period at the end of the second sentence of subsection (c) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of said second sentence the following:
"except as provided in subsection (o)."
And, by adding a new subsection at the end of quoted Section 26A of Section 2 to be designated as subsection (o), to read as follows:
"(o) The tax provided for in this Section shall not be levied on the following:
"(1) The sale of food for human consumption by grocery stores and other similar establishments to the ultimate consumer.
"(2) The sale of medicine that is prescribed by a physician."

TUESDAY, MARCH 11, 1969

1695

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 Anderson Ballard Barber Bond Bostick Bowen Bray Brown, B. D. Buck Caldwell Cato Collier Collins Collins, S. Conger Cooper Crowe Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Edwards Evans

Ezzard Pallin Farmer Pelton Floyd, J. H. Geisinger Gunter Hadaway Harris, J. R. Harris, R. W. Harrison Higginbotham Hill, B. L. Hood Horton Hudson Johnson Joiner Jones, M. Jordan, G. Knowles Lane, Dick Leonard Lowrey Mason Matthews, D. R. Merritt Milford

Those voting in the negative were Messrs.

Adams Atherton Barfield Bennett Berry Black Blalock Bohannon Brantley, H. H. Brooks Brown, C. Burruss Busbee Carnes Gates Chandler Clarke

Cole Colwell Connell Cook Dailey Dixon Dodson Dorminy Douglas Egan Ellis Farrar Floyd, L. R. Gaynor Gignilliat Grahl Graves

Moate Moore Nash Northcutt Odom Pafford Parker, C. A. Patterson Phillips, W. R. Pinkston Rainey Roach Ross Rowland Scarborough Scarlett Shanahan Shepherd Sweat Thomason Toles Townsend Westlake Whaley Wheeler, J. A. Winkles Williams Wood
Hale Harrington Harris, J. F. Hawes Henderson Hill, G. Holder Howell Hutchinson Jones, C. M. Jones, Herb Jordan, H. S. Keyton Knapp Kreeger Lambert Lane, W. J.

1696

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Lewis Longino Marcus Matthews, C.
Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller

Morris Mullinax Murphy Nessmith Nunn Paris Phillips, G. S. Potts Reaves Rush Russell Sherman Simkins

Simmons Sims Smith, J. R. Smith, V. T. Snow Sorrells Thompson, A. W. Wamble Ware Wheeler, Bobby Wilkerson Wilson

Those not voting were Messrs.:

Battle Bell Brantley, H. L. Conner Funk Gary Hamilton Hargrett

Housley Keen Levitas Miles Parker, H. W. Peters Peterson Phillips, L. L.

Pickard Poole Salem Thompson, R. Vaughn Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 84, nays 89.

The amendment was lost.
The following amendment was read: Mr. Farmer of the 16th moves to amend Committee Substitute to
HB 641, as follows. By adding in the title, after the following: "certain conditions;",
the following: "to provide for exemptions;".
By striking the period at the end of subsection (a) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of subsection (a) the following:
"except as provided in subsection (o)."

TUESDAY, MARCH 11, 1969

1697

By striking the period at the end of the second sentence of subsection (c) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of said second sentence the following:

"except as provided in subsection (o)."

And, by adding a new subsection at the end of quoted Section 26A of Section 2 to be designated as subsection (o), to read as follows:

"(o) The tax provided for in this Section shall not be levied on the following:

"(1) The sale of medicine that is prescribed by a physician."

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 Ballard Barber Bell Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Buck Burruss Caldwell Cato Cole Collier Collins, S. Colwell Conger Connell Cooper Crowe Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson

Dodson Dorminy Douglas Edwards Evans Ezzard Tallin Farmer Farrar Felton Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Gunter Hadaway Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson Johnson Joiner Jones, Herb Jones, M. Jordan, G.

Jordan, H. S. Knowles Kreeger Lane, Dick Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell Merritt Milford Miller Moate Moore Nash Northcutt Odom Pafford Parker, C. A. Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Ross

1698
Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simkins Simmons

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Townsend Vaughn

Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Wood

Those voting in the negative were Messrs.

Atherton Bar field Bennett Berry Blalock Brantley, H. H. Brooks Brown, C. Busbee Carnes Gates Chandler Cook Dailey Davis, E. T. Egan Ellis Gaynor

Grahl Graves Hale Harrington Hawes Hutchinson Jones, C. M. Keen Keyton Knapp Lambert Lane, W. J. Lee, W. S. Matthews, C. McClatchey McCracken McDaniell Melton

Morris Mullinax Murphy Nessmith Nunn Patterson Peterson Phillips, G. S. Pickard Reaves Rowland Sherman Sims Snow Ware Winkles

Those not voting were Messrs.:

Battle Clarke Collins, M. Conner Dixon Punk

Gary Hamilton Hargrett Harris, R. W. Holder Miles

Paris Parker, H. W. Poole Thompson, R. Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 126, nays 52.
The amendment was adopted.
Mr. Melton of the 32nd moved that the House reconsider its action in adopting the amendment by Mr. Farmer of the 16th.

TUESDAY, MARCH 11, 1969

1699

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Atherton Barber Barfield Battle Bell Bennett Blalock Bohannon Brantley, H. H. Brown, C. Burruss Busbee Carnes
Gates Chandler Clarke Collins, M. Collins, S. Colwell Conner Cook Cooper Davis, E. T. Dodson Douglas Egan Ellis Evans Fallin Farrar Felton Gaynor Geisinger

Gignilliat
Grahl Graves Hale Harrington Harris, J. R. Harris, R. W. Hawes Holder Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. S. Levitas Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell BtcClatchey McCracken McDaniell Melton

Miller Morris
Mullinax Murphy Nash Nessmith Nunn Paris Patterson Peters Peterson Phillips, G. S. Pickard Pinkston Potts Reaves Rowland Rush Russell Shanahan Sherman Simkins Simmons Sims Smith, V. T. Snow Thomason Vaughn Wamble Ware Wheeler, Bobby Winkles Wood

Those voting in the negative were Messrs.:

Alexander Anderson Ballard Berry Black Bond Brantley, H. L. Bray Brooks Brown, B. D. Buck

Caldwell Cato Cole Collier Conger Connell Crowe Dailey Daugherty Davis, W. Dean, J. E.

Dean, N. DeLong Dent Dickinson Dixon Dorminy Edwards Ezzard Farmer Floyd, L. R. Funk

1700
Gunter Harris, J. P. Higginbotham Hill, B. L. Hill, G. Hood Horton Housley Hudson Johnson Jones M. Jordan G. Lee W. J. (Bill)

JOURNAL OF THE HOUSE,

Leonard Lewis Mauldin Merritt Milford Moate Moore Northcutt Odom Pafford Parker, C. A. Phillips, L. L. Phillips, W. R.

Roach Ross Salem Scarborough Shepherd Smith, J. R. Sweat Toles Townsend Westlake Whaley Wheeler, J. A. Wilkerson

Those not voting were Messrs.:

Bostick Bowen Ployd, J. H. Gary Hadaway Hamilton Hargrett

Harrison Henderson Howell Longino Miles Parker, H. W. Poole

Rainey Sorrells Thompson, A. W. Thompson, R. Williams Wilson Mr. Speaker

On the motion to reconsider, the ayes were 102, nays 72.

The motion prevailed, and the House reconsidered its action in adopting the amendment by Mr. Farmer of the 16th.

The Farmer amendment was again taken up for consideration.
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 Ballard Barfield Black Bond Bostick Bowen Brantley, H. L. Bray

Brooks Brown, B. D. Buck Caldwell Cato Cole Collier Conger Connell Cooper Crowe

Dailey Daugherty Davis, W. Dean, J. E. Dean, N. DeLong Dent Dickinson Dorminy Edwards Farmer

Floyd, L. R. Punk Geisinger Grahl
Gunter
Harris, J. P. Harrison Higginbotham Hill, B. L. Hill, G. Hood Housley Howell Hudson Johnson Jones, M. Jordan, G.

TUESDAY, MARCH 11, 1969

1701

Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard
Lewis Longino Matthews, D. R. McDaniell Merritt Milford
Moate Moore
Northcutt Odom Pafford Parker, C. A.

Phillips, W. R. Rainey Roach Scarborough Scarlett Shepherd Smith, J. R. Sorrells Sweat Toles Townsend Westlake Whaley Wheeler, J. A. Wilkerson Williams

Those voting in the negative were Messrs.

Atherton Barber Bell Bennett Berry Blalock Bohannon Brantley, H. H. Brown, C. Burruss Busbee Games Gates Chandler Clarke Collins, M, Collins, S. Colwell Cook Davis, E. T. Dodson Douglas Egan Ellis Evans Fallin Farrar Felton Gary Gaynor

Graves Hale Harrington Harris, J. R. Harris, R. W. Hawes Holder Horton Hutchinson Joiner Jones, C. M. Jones, Herb Jordan, H. S. Keen Keyton Knapp Knowles Lambert Lee, W. S. Levitas Lowrey Marcus Matthews, C. Mauldin Maxwell McClatchey McCraeken Melton Miller Morris

Mullinax Murphy Nash Nessmith Nunn Paris Peters Peterson Phillips, G. S. Phillips, L. L. Pickard Pinkston Potts
Reaves Rowland
Rush Russell Shanahan Sherman
Simkins Sims Smith, V. T. Snow Thomason Vaughn
Wamble Ware Winkles
Wood

1702

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Battle Conner Dixon Ezzard Floyd, J. H. Gignilliat Hadaway Hamilton

Hargrett Henderson Mason Miles Parker, H. W. Patterson Poole Ross

Salem Simmons Thompson, A. W. Thompson, R. Wheeler, Bobby Wilson Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 83, nays 89.
The amendment was lost.

Mr. Lane of the 44th stated that he had inadvertently voted "aye" but intended to vote "nay" on the adoption of the Farmer amendment.

The following' amendment was read:
Messrs. Moore and Gunter of the 6th, move to amend Committee Substitute to H. B. No. 641, as follows:
By adding in the title, after the following:
"certain conditions;",
the following:
"to provide for exemptions;".
By striking the period at the end of subsection (a) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of subsection (a) the following:
"except as provided in subsection (o)."
By striking the period at the end of the second sentence of subsection (c) of quoted Section 26A of Section 2 and inserting in lieu thereof a comma, and adding at the end of said second sentence the following:
"except as provided in subsection (o)."
And, by adding a new subsection at the end of quoted Section 26A of Section 2 to be designated as subsection (o), to read as follows:

TUESDAY, MARCH 11, 1969

1703

"(o) The tax provided for in this Section shall not be levied on the following:

(1) The sale of caskets and vaults used for the burial of human bodies.

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 Ballard Barber Bond Bostick Bowen Bray Brooks Brown, B. D. Buck Caldwell Cato Cole Conger Crowe Davis, W. Dean, J. E. DeLong Dent

Dickinson Dorminy Edwards Ezzard Farmer Felton Floyd, L. R. Geisinger Grahl Gunter Hadaway Harris, J. F. Harrison Higginbotham HilC B. L. Hill, G. Housley Hudson Johnson Jones, Herb Jones M.

Jordan, G. Leonard Matthews, D. R. Mauldin McDaniell Merritt Milford Moore Northcutt Odom Pafford Parker, C. A. Rainey Ross Scarborough Sorrells Sweat Toles Westlake Whaley Wilkinson

Those voting in the negative were Messrs.

Atherton Barfield Battle Bell Bennett Berry Black Brantley, H. H. Brown, C. Burruss Busbee Carnes Gates Chandler Clarke Collier

Colling, S. Colwell Connell Cook Cooper Dailey Daugherty Davis, E. T. Dean, N. Dixon Dodson Douglas E;an Ellis Evans Fallin

Farrar Gary Gaynor Gignilliat Graves Hale Hargrett Harrington Harris, J. R. Harris, R. W. Hawes Henderson Hood Horton Hutchinson Joiner

1704
Jones, C. M. Jordan, H. S. Keen Keyton Knapp Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Matthews, C. Maxwell McClatchey

JOURNAL OF THE HOUSE,

Melton Miller Moate Morris Mullinax Murphy Nash Nunn Paris Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Reaves Rowland Russell Scarlett Shanahan

Shepherd Sherman Simkins Simmons Sims Smith, V. T. Snow Thomason Thompson, A. W. Townsend Vaughan Wamble Ware Wheeler, Bobby Wheeler, J. A. Winkles Williams Wood

Those not voting were Messrs.:

Blalock Bohannon Brantley, H. L. Collins, M. Conner Ployd, J. H. Punk Hamilton Holder Howell

Knowles Mason McCracken Miles Nessmith Parker, H. W. Patterson Peterson Phillips, W. R. Poole

Potts Roach Rush Salem Smith, J. R. Thompson, R. Wilson Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 63, nays 104.
The amendment was lost.
An amendment, offered by Mr. Pafford of the 64th, was read and lost.
The following amendment was read: Mr. Cooper of the llth moves to amend Committee Substitute to
H. B. No. 641, as amended, as follows: By striking from the caption the following:

TUESDAY, MARCH 11, 1969

1705

"to provide for the state-wide application of the tax under certain conditions;".

And, by striking subsection (n), which reads as follows:

"(n) Within six months after the State Revenue Commissioner pronounces that the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population the local sales tax author ized herein shall be imposed by the governing authority of all other counties throughout the State.

The State Revenue Commissioner is hereby designated as the State official entrusted with the duty of keeping records of those political subdivisions adopting the local sales tax, and when the local sales tax has been adopted by counties and municipalities whose combined population totals at least sixty (60%) percent of the State's population, he shall immediately notify each municipality and county of such fact.

The provisions of this paragraph shall not restrict the rights or duties of local governing authorities under paragraphs (j) and (m) of this Section.",

in its entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Ballard Barber Bond Brantley, H. H. Bray Brown, B. D.
Carnes
Cato
Collins, S. Conger
Cooper
Davis, W.
Dixon
Dorminy Evans
Ezzard
Farmer

Pelton Gary Geisinger Hale Harris, J. R. Harris, R. W. Henderson
Hood
Horton
Housley Howell
Hudson
Jordan, G.
Jordan, H. S.
Keen Kreeger
Lane, Dick
Lee, W. J. (Bill)

Lee, W. S. Leonard Lewis Mason Mauldin Maxwell McDaniell
Melton
Merritt
Milford Moate
Moore
Nash
Northcutt
Odom Parker, C. A.
Pickard
Pinkston

1706
Ross Scarlett Shanahan Shepherd

JOURNAL OF THE HOUSE,

Simkins Smith, J. R. Snow Townsend

Vaughn Winkles Wilson Wilkerson

Those voting in the negative were Messrs.:

Alexander Anderson Atherton Barfield Battle Bell Bennett Berry Black Brantley, H. L. Brown, C. Buck Burruss Gates Clarke Cole Colwell Connell Cook Dailey Daugherty Davis, E. T. Dean, N. DeLong Dent Dickinson Dodson Douglas Edwards Egan Ellis Pallin Farrar

Floyd, J. H. Gaynor Gignilliat Grahl Graves Gunter Hadaway Hargrett Harris, J. F. Harrison Hawes Hill, B. L. Hill, G. Hutchinson Johnson Joiner Jones, C. M. Jones, Herb Jones, M. Keyton Knapp Knowles Lambert Lane, W. J. Levitas Longino Marcus Matthews, D. R. McClatchey McCracken Miller Morris Mullinax

Those not voting were Messrs.:

Blalock Bohannon Bostick Bowen. Brooks Busbee Caldwell Chandler Collier Collins, M. Conner

Crowe Dean, J. E. Floyd, L. R. Funk Hamilton Harrington Higginbotham Holder Lcwrey Matthews, C. Miles

Murphy Nunn Pafford Paris Peters Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Rainey Reaves Roach Rowland Rush Russell Scarborough Sherman Simmons Sims Smith, V. T. Sorrells Sweat Thomason Thompson, A. W. Toles Wamble Ware Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood
Nessrnith Parker, H. W. Patterson Poole Potts Salem Thompson, R. Westlake Mr. Speaker

TUESDAY, MARCH 11, 1969

1707

On the adoption of the admendment to the Committee substitute, the ayes were 66, nays 98.

The amendment was lost.

The following amendment was read:
Mr. Levitas of the 77th, moves to amend the Committee Substitute to House Bill No. 641 as follows:
By striking from paragraph (3) of subsection (d) of quoted Section 26A of Section 2 the following:
"Forty (40%) percent",
wherever the same shall appear and inserting in lieu thereof the following:
"Fifty (50%) percent",
so that when so amended paragraph (3) shall read as follows:
"(3) Fifty (50%) percent of the total funds allocated to any participating county shall be further allocated to the Board of Edu cation of the county school system, or if there is more than one pub lic school system in the county, the fifty (50%) percent shall be allocated between the school systems on the basis of an average daily attendance of pupils during the preceding school year, attend ing public schools within the county. Each school system within the county shall allocate such share of the proceeds in the proportion that its respective average daily attendance bears to the average daily attendance of all pupils attending public schools within the county."
By striking from paragraph (4) of subsection (d) of quoted Section 26A of Section 2 the following:
"sixty (60%) percent",
and inserting in lieu thereof the following:
"fifty (50%) percent",
so that when so amended paragraph (4) shall read as follows:
"(4) The remaining fifty (50%) percent of the total funds allocated to each county shall be further allocated by the State Treasurer to the governing authority of the county and the govern ing authority of each municipal corporation within the county. The

1708

JOURNAL OF THE HOUSE,

amount so allocated to each county and to each municipality shall be based on population. The county shall be allocated such share of the proceeds as the population of the unincorporated area of the county bears to the population of the whole county, each municipal ity shall be allocated such share of the proceeds as its respective population, or of that part of the municipality lying within the county, bears to the population of the whole county."

And by striking from paragraph (2) of subsection (k) of quoted Section 26A of Section 2 the following:
"40%"

and "60%",

and inserting in lieu thereof the following:
"fifty (50%) percent"
and
"fifty (50%) percent",
respectively, so that when so amended paragraph (2) shall read as follows:
"(2) In the event there is an independent school system in the municipality, fifty (50%) percent of the proceeds shall be distrib uted to the independent school system and the remaining fifty (50%) percent shall be distributed to the municipality."

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 Ballard Barber Bell Black Blalock Bostick Bowen Brantley, H. L. Bray

Brooks Caldwell Carnes Cato Chandler Clarke Collins, M. Collins, S. Conger Connell

Cooper Crowe Davis, W. Dean, J. E. Dean, N. Dent Dorminy Fallin Farmer Farrar

Floyd, J. H. Floyd, L. R. Geisinger Grahl Graves Hadaway Hale Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hood Horton Housley Howell Hudson Hutehinson Jones, M. Jordan, G. Jordan, H. S.

TUESDAY, MARCH 11, 1969

1709

Lane, Dick Lee, W. J. (Bill) Leonard Levitas Lewis Lowrey Mason Matthews, C. Mauldin McDaniell Melton Merritt Milford Moate Morris Mullinax Nash Nessmith Northcutt Nunn Pafford Parker, C. A.

Parker, H. W. Peterson Phillips, G. S. Phillips, L. L. Rainey Ross Salem Scarborough Scarlett Shepherd Smith, J. R. Snow Sorrells Sweat Thomason Thompson, A. W. Vaughn Whaley Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Alexander Anderson Atherton Barfield Battle Bennett Berry Bohannon Bond Brantley, H. H. Brown, B. D. Buck Burruss Cates Cole Collier Colwell Conner Cook Dailey Daugherty Davis, E. T. DeLong Dickinson Dixon
Dodson
Douglas
Edwards
Egan

Ellis Evans Ezzard Felton Gary Gaynor Gignilliat Gunter Hargrett Harris, J. F. Hawes Hill, B. L. Hill, G. Holder Joiner Jones, C. M. Jones, Herb Keen Keyton Knapp Knowles Kreeger Lambert Lane, W. J. Lee, W. S.
Longino
Marcus
Matthews, D. R.
Maxwell

McClatchey Miller Moore Murphy Odom Paris Peters Phillips, W. R. Pickard Pinkston Reaves Roach Rowland Rush Russell Shanahan Sherman Simkins Simmons Sims Smith, V. T. Toles Townsend Ware Wheeler, Bobby
Wilkerson
Winkles
Williams
Wood

1710

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Brown, C. Busbee Funk Hamilton Johnson

McCracken Miles Patterson Poole Potts

Thompson, R. Wamble Westlake Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 94, nays 87.

The amendment was adopted.
Mr. Ware of the 30th stated that he had inadvertently voted "nay" but intended to vote "aye" on the adoption of the Levitas amendment.
Mr. Busbee of the 61st wished to be recorded as voting "aye" on the Levitas amendment.

The following amendment to the Committee substitute was read and adopted:
Mr. Jones of the 59th moves to amend the Committee Substitute to House Bill No. 641 as follows:
By striking from paragraphs (1) and (2) of subsection (d) of quoted Section 26A of Section 2 the following:
"One half"
and
"The remaining one-half",
and inserting in lieu thereof the following:
"Forty (40%) percent"
and
"Sixty (60%) percent",
respectively, so that when so amended paragraphs (1) and (2) shall read as follows:

TUESDAY, MARCH 11, 1969

1711

"(1) Forty (40%) percent of the amount of sales tax revenue attributable to sales in each county as shown by the records of the State Revenue Commissioner shall be allocated to each such county.

(2) Sixty (60%) percent of the sales tax revenues shall be allocated among the counties imposing the tax on a population basis in the same proportion that each county's population bears to the total population of all participating counties."

On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Atherton Battle Bell Blalock Bond Brantley, H. H. Brown, B. D. Buck Burruss Carnes Gates Cole Connell Cook Cooper Daugherty Davis, W. Dean, J. E. DeLong Dent Dodson Egan Ellis Evans Ezzard

Fallin Farrar Felton Gary Gaynor Geisinger Gignilliat Hale Harris, J. R. Harris, R. W. Hawes Higginbotham Hill, B. L. Horton Housley Jones, C. M. Jones, Herb Jones, M. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Le vitas Marcus Mason

Those voting in the negative were Messrs.:

Anderson Ballard Barber Barfield Bennett Berry Black Bostick

Bowen Brantley, H. L. Bray Brooks Brown, C. Busbee Caldwell Cato

Maxwell McClatchey McDaniell Melton Miller Morris Mullinax Nash Nunn Pafford Pickard Pinkston Potts Sherman Simkins Sims Smith, V. T. Snow Thomason Thompson, A. W. Townsend Vaughn Wamble Ware Winkles Wilson
Chandler Clarke Collier Collins, M. Collins, S. Colwell Conger Conner

1712
Crowe Dailey Davis, E. T. Dean, N. Dickinson Dixon Dorminy Douglas Edwards Farmer Ployd, J. H. Ployd, L. R. Grahl Graves Gunter Hadaway Hargrett Harrington Harris, J. F. Harrison Henderson Hill, G. Holder Hood Howell Hudson Hutchinson Johnson

JOURNAL OP THE HOUSE,

Joiner
Jordan, G. Keyton Knowles Lambert Lane, W. J. Lee, W. S. Leonard Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Milford Moate Moore Murphy Nessmith Northcutt Odom Paris Parker, C. A. Parker, H. W. Patterson Peters

Peterson Phillips, G. S. Phillips, L. L. Phillips, W. R.
Rainey Reaves Roach
Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Shepherd Simmins Smith, J R. Sorrells Sweat Toles Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wilkerson Wood

Those not voting were Messrs.:

Bohannon Funk
Hamilton

Miles Poole Thompson, R.

Mr. Speaker

On the adoption of the Committee substitute, as amended, the ayes were 80, nays 108.

The Committee substitute, as amended, was lost.

The following floor substitute, offered by Mr. Murphy of the 19th, 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, so as to authorize counties to levy a local sales tax to meet urgent local needs and to provide adequate local funds to relieve the burden of property tax; to authorize

TUESDAY, MARCH 11, 1969

1713

certain municipalities where the county does not levy the tax to levy such a tax under certain conditions; to provide the conditions under which such taxes can be levied or repealed; to provide the amount of such tax and the procedures to be used with such taxes; to provide for all other matters relative thereto; to provide for the sharing of such taxes by the school districts and counties and municipalities imposing such taxes; to provide for local referendums on such taxes under certain conditions; to repeal conflicting laws and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

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 at the beginning of the first sentence of Section 25 the following language:
"Except as provided in Section 26A".
so that Section 25, when so amended, shall read as follows:
"Section 25. Political subdivisions prohibited from imposing sales or use taxes; exceptions. Except as provided in Section 26A, no county, municipality, school district or political subdivision of the State shall impose, levy or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Chapter: Provided, however, that the provisions of this Section shall not be construed to apply to a fixed license, occupational or fran chise tax based on gross receipts or on a gross receipts basis; and provided, further, that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors."

SECTION 2
Said Act is further amended by adding a new Section to be known as 26A, to read as follows:
"Section 26A. Local governments authorized to levy a local retail sales tax.
"(a) Who may levy the tax.--Subject to all the conditions specified in this section any county shall be authorized to levy a local sales tax. Where the county levies the tax all municipalities within the county shall come under the tax and no municipality within the county shall be allowed to levy a local sales tax where the county has done so. Where the county does not levy the local sales tax provided herein the municipality which is the county seat of that county or which is the most populous municipality

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JOURNAL OP THE HOUSE,

located in that county may, subject to all the conditions in this section, levy the local sales tax provided herein.

"(b) Levy of the tax.--In order to provide for the orderly levy and implementation of the local sales tax provided herein by the local governments authorized to levy the local sales tax it is hereby provided that all counties shall be deemed to have levied, and shall have levied, the local sales tax provided herein unless during the month of April, 1969 the county governing authority shall adopt a resolution specifying that the county does not levy the local sales tax. In any event, after July 1, 1969, any county or authorized municipality shall be authorized, subject to the condi tions in this Section, to levy a local sales tax as hereinafter pro vided. A copy of the county resolution shall within 15 days be served on the governing authorities of the municipalities which are authorized to levy the tax where the county does not do so. A copy of the county resolution shall also within 15 days be served on the Secretary of State and the State Revenue Commissioner. In any county where the county governing authority does not levy the tax during the month of April, 1969, the governing authority of any municipality authorized to levy the local sales tax may levy the local sales tax by adopting a resolution to that effect during the month of May, 1969. A copy of the resolution of the municipal governing authorities shall within 15 days be served on the Secretary of State and the State Revenue Commissioner. Any local sales tax whether levied by a county or a municipality shall not be effective until July 1, 1969. After July 1, 1969, any local authority levying the local sales tax may, except during the month of June, repeal it by a resolution to that effect by the governing authority. Any repeal of the local sales tax can only be effective as of July 1 following the date of the resolution repealing the tax. A copy of any resolution repealing the tax. A copy of any resolution repealing the tax shall be served within 15 days of its adoption upon the secretary of State and the State Revenue Commissioner. Where the governing authority repealing the tax is the county governing authority a copy of the resolution repealing the tax shall also be served within 15 days on the governing authorities of the munici palities within the county which are authorized to levy the tax. After July 1, 1969, any local government not levying the tax but who is authorized to levy the tax may, except during the month of June, levy the tax by a resolution to that effect by the govern ing authority. Any levy of the tax can only be effective as of July 1 following the adoption of the resolution. A copy of the resolution shall within 15 days be served on the Secretary of State and the State Revenue Commissioner. Where the authority levying the tax is a county a copy of the resolution shall also be served on all municipalities within the county and on the school boards of any school systems within the county.

"(c) The tax levied and imposed by the local governments authorized to levy the same is in addition to the tax levied and imposed for State purposes by this Act. The municipal-county sales tax levied by and for the municipalities and counties electing such sales tax is on the retail purchase, retail sale and retail rental of tangible personal property and the services described in this

TUESDAY, MARCH 11, 1969

171&

Act and shall be at the rate of one per cent of the sales price or charge therefor. Such municipal-county sales tax shall be added to the State sales tax and shall be subject to all the provisions of said Act, all amendments thereto, and the rules and regulations adopted with respect thereto.

"(d) Municipal-county sales taxes levied by this Act shall be administered and collected solely by the State Revenue Commis sioner, as agent for the local governments levying the tax in the same manner and subject to the same penalties so provided for the State sales tax. No variance shall be permitted between the State and the municipal-county sales taxes. The vendor's responsibility shall be to the State Revenue Commissioner as agent acting for the local governments and not to the local governing authority of the county or municipality. The local governing authority of a municipality or county shall be prohibited from making sales tax audits. The Revenue Department shall be allowed a fee of one (1%) per cent of the total amount of the local sales taxes collected as a cost of administration and said fees shall be deposited in the State Treasury.

"(e) All municipal-county sales taxes collected by the State Revenue Commissioner under this Section, except the fees for collecting and administering the tax which shall be paid into the general fund, shall be held by the State Revenue Commissioner to the credit of a special fund which is hereby created on the books of the State Revenue Department under the name 'Collections of Municipal-County Sales Taxes', and such local sales tax monies shall be credited to the account of each particular county, municipal ity and school system in which the local sales taxes are levied and collected as follows:

"1. One-third of the amount of the tax collected in each county levying the tax shall be allocated to the county of collection based upon the point of collection. Within each county levying the tax these funds shall be further allocated as follows:

"(a) Forty per cent of these funds shall be allocated within the county levying the tax to local, municipal and county public school systems within the county on the basis of an average daily attendance of pupils attending the respective school systems within the county during the preceding school year.

" (b) The remaining sixty per cent of these funds shall be allocated within the county to the governing authority of the county and the governing authority of each municipal corporation within the county. The amount so allocated to each such county and to each such municipality shall be based on population. The par ticipating county shall be allocated such shares of the proceeds as the population of the unincorporated area of the county bears to the population of the whole county, each municipal corporation in the county shall be allocated such share of the proceeds as its

1716

JOURNAL OF THE HOUSE,

respective population, or of that part of the municipal corporation lying1 within the county, bears to the population of the whole county.

"2. Two thirds of said sales tax revenues shall be allocated among the participating counties imposing the tax as follows:

"(a) Forty per cent of these funds shall be allocated to local, municipal and county public school systems within the participating counties on the basis of an average daily attendance of pupils attending the respective school systems within the state during the preceding school year.

"(b) The remaining sixty per cent of these sales tax revenues shall be allocated among the participating counties imposing the tax on a population basis in the same proportion that each partici pating county's population bears to the total population of all par ticipating counties. Within each county levying the tax, these funds shall be allocated to the governing authority of the county and the governing authority of each municipal corporation within the county. The amount so allocated to each such county and to each such municipality shall be based on population. The participating county shall be allocated such share of the proceeds as the popula tion of the unincorporated area of the county bears to the population of the whole county, each municipal corporation in the county shall be allocated such share of the proceeds as its respective population, or of that part of the municipal corporation lying within the county, bears to the population of the whole county.
"3. As soon as practicable after the end of each quarter and in any event within 30 days after the end of each quarter and after the local sales tax monies for the preceding quarter have been allocated as hereinabove provided, the State Revenue Commissioner shall draw a check in the proper amount in favor of each county, municipality, and school system entitled to the quarterly return of its local sales tax monies, and such payments shall be charged to the account of each county, municipality, and school system, under the special fund created by this Section. If errors are made in any such payment, or adjustments are otherwise necessary, whether attributable to refunds to taxpayers, or some other fact, the errors shall be corrected and adjustments made in the payment for the next quarter or subsequent quarters.
"4. All penalties and interest collected under the provisions of this Act shall be retained by the State to help offset expenses of collection.
"5. As used in this Section 'municipality' shall mean and include only those municipalities incorporated under the laws of Georgia which had a population in excess of 200 according to the

TUESDAY, MARCH 11, 1969

1717

most recent U. S. Census, and which impose a local tax other than the tax provided for hereunder, and which provides at least three of the following services:

(a) Water service (b) Sewerage service (c) Garbage collection (d) Police protection (e) Fire protection

"6. The population of any incorporated municipality which does not qualify under this Section shall be counted as part of the county population for the purposes of determining the county's share.

"(f) In the event the county does not levy the tax but the municipalities authorized to do so do levy the tax, all provisions of this Section applying to a county shall apply to such electing municipality and the proceeds of the tax shall be distributed as follows:

(1) In the event there is no independent school system in the municipality, the county school system shall be considered a parti cipating school system.

(2) In the event there is an independent school system in the municipality, such school system shall be considered a participat ing school system and the county school system shall not be considered as a participating system.

" (g) Upon a petition signed by 25 per cent of the registered voters qualified to vote at the general election immediately preced ing the presentation of the petition, being filed with the ordinary of any county, he shall call a special election to be held not less than 15 days and within 30 days from the filing of such petition to determine whether or not the municipal-county sales tax shall be levied within said county.

"Should a majority of the votes cast be in favor of the levy of said municipal-county sales tax such tax shall be levied and collected on and after the 1st day of July following such election.

"Should a majority of the votes cast be against the levy of said municipal-county sales tax then such tax shall not be levied and if such tax was being levied at the time of the election then the levy thereof will cease as of the 1st day of July following the election. Should a majority of the votes in the most populous municipality in said county or in the county seat of said county vote in favor of the levy of said tax such tax shall be continued if then being levied or levied within said city on and after the 1st day of July following such election.

1718

JOURNAL OF THE HOUSE,

"Whenever an election is held under this section the results thereof shall be binding and will take precedence over any resolu tion adopted for the same fiscal year. When an election is held under the provisions of this section no new election shall be called and no resolution on the same question shall be passed until the expiration of 12 calendar months.

(h) Whenever population is used in this Act, it shall mean the population as determined according to the latest U. S. Census."

SECTION 3
"Be it further enacted that in the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act which shall remain of full force and effect as if the section, sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."

SECTION 4
"The provisions of this Act shall become effective May 1, 1969, except no tax shall be levied or collected prior to July 1, 1969."

SECTION 5
"All laws and parts of laws in conflict with this Act are hereby repealed."
An amendment to the floor substitute, offered by Mr. Parker of the 44th, was read and lost.
The following amendment to the floor substitute was read and adopted:
Messrs. Ware and Mullinax of the 30th move to amend the floor substitute to HB 641 as follows:
1. By adding in the title before the words "to provide for local referendums", the words "to provide for the reduction of ad valorem taxes;".
2. By adding a new paragraph on page 8 following paragraph (e)2 contained in Section 2 of said Bill, to be known as paragraph (e)3, to read as follows:
"3. Any other provisions of this section or any other law to the contrary notwithstanding, the governing authority of each

TUESDAY, MARCH 11, 1969

1719

county and municipality participating in the allocation of the revenue collected pursuant to this section, when fixing the ad valorem tax millage rate each year, shall determine the millage rate without regard to this section. Each such governing authority 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 be not less than an amount equal to 10 per cent (10%) of the total amount of funds received by such county or municipality pursuant to this section in the immediately preceding calendar year."

3. By renumbering the remaining subparagraphs of paragraph (e) "4", "5", and "6".

The following amendment was read:
Mr. Cook of the 95th moves to amend the floor substitute to HB 641 as follows:
By striking from paragraph 1. of subsection (e) of quoted Section 26A of Section 2 the following:
"One-third",
and inserting in lieu thereof the following:
"Forty per cent",
so that when so amended, paragraph 1. shall read as follows:
"1. Forty per cent of the amount of the tax collected in each county levying the tax shall be allocated to the county of collection based upon the point of collection. Within each county levying the tax these funds shall be further allocated as follows:".
And, by striking from paragraph 2 of subsection (e) of quoted Section 26A of Section 2 the following:
"Two thirds",
and inserting in lieu thereof the following:
"Sixty per cent",
so that when so amended paragraph 2 shall read as follows:
"2. Sixty per cent of said sales tax revenues shall be allocated among the participating counties imposing the tax as follows:"

1720

JOURNAL OF THE HOUSE,

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 Atherton Battle Bell Bond Brantley, H. H. Brown, B. D. Buck Burruss Carnes Gates Cole Connell Cook Cooper Daugherty Davis, W. Dean, J. E. Dodson Dorminy Egan Evans Ezzard Farmer Farrar Felton

Floyd, L. R. Gary Gaynor Geisinger Gignilliat Harris, J. R. Harris, R. W. Hawes Henderson Higginbotham Hill, B. L. Hood Horton Housley Howell Jones, C. M. Jones, M. Jordan, H. S. Keen Knapp Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Marcus

Those voting in the negative were Messrs.:

Anderson Ballard Barber Barfield Bennett Berry Black Blalock Bostick Bowen Brantley, H. L. Bray Brown, C. Caldwell Cato Chandler Clarke Collier Collins, M.

Collins, S. Colwell Conger Dailey Davis, E. T. Dean, N. Dent Dickinson Dixon Douglas Edwards Fallin Floyd, J. H. Grahl Graves Gunter Hadaway Hale Hargrett

Mason Maxwell McClatchey McDaniell Moore Morris Nash Northcutt Nunn Odom Peterson Pickard Pinkston Ross Shepherd Sherman Simkins Sims Thomason Townsend Vaughn Westlake Winkles Wilkerson Wilson
Harrington Harris, J. F. Harrison Hill, G. Hudson Hutchinson Johnson Joiner Jones, Herb Jordan, G. Keyton Knowles Lambert Lane, W. J. Leonard Lewis Matthews, D. R. Mauldin McCracken

Melton Merritt Milford Moate Mullinax Murphy Pafford Paris Parker, C. A. Parker, H. W. Patterson Phillips, G. S. Phillips, L. L.

TUESDAY, MARCH 11, 1969

1721

Phillips, W. R. Potts Rainey Reaves Roach Rowland Rush Russell Salem Scarborough Scarlett Shanahan Simmons

Smith, J. R. Smith, V. T. Sorrells Sweat Thompson, A. W. Toles Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood

Those not voting were Messrs.:

Bohannon Brooks Busbee Conner Crowe DeLong Ellis Funk

Hamilton Holder Lowrey Matthews, C. Miles Miller Nessmith Peters

Poole Snow Thompson, R. Wamble Ware Mr. Speaker

On the adoption of the amendment to the floor substitute, the ayes were 79, nays 94.

The amendment was lost.

An amendment to the floor substitute, offered by Mr. Simkins of the 78th, was read and lost.

The following amendment was read:

Mr. Leyitas of the 77th moves to amend the floor substitute to HB 641 by striking in Section 2, the quoted portion of amended Section 26A subparagraph l(a) and 2(a), the words "forty percent" and in subparagraph l(b) and 2(b) the words "sixty percent" and substituting in lieu thereof the words "fifty percent" in each place.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1722

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Ballard Barber Battle Bell Blalock Bohannon Bo wen Brantley, H. L. Buck Busbee Carnes Collier Collins, S. Connell Cooper Crowe Davis, W. Evans Fallin Farmer Farrar Felton Floyd, L. R. Gary Gaynor

Geisinger Gignilliat Graves Hale Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Horton Housley Howell Hutchinson Jones, M. Jordan, H. S. Kreeger Lane, Dick Lee, W. J. (Bill) Le vitas Longino Lowrey Matthews, C. Maxwell McClatchey McDaniell Melton

Merritt Moate Morris Nessmith Northcutt Nunn Odom Pafford Peterson Phillips, L. L Pickard Pinkston Rainey Scarlett Sherman Snow Thomason Toles Townsend Vaughn Wamble Westlake Williams Wilkerson Wilson

Those voting in the negative were Messrs.:

Alexander Anderson Atherton Barfield Bennett Berry Black Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Burruss Gates Cato Chandler Clarke Colwell Conger Cook Dailey Daugherty Davis, E. T. Dean, J. E.

Dean, N. DeLong Dickinson Dixon Dodson Dorminy Douglas Edwards Egan Ellis Ezzard Floyd, J. H. Grahl Gunter Hadaway Hargrett Harrington Harris, J. F. Hawes Hill, B. L. Hill, G. Holder Hood Hudson Johnson

Joiner Jones, C. M. Jones, Herb Jordan, G. Keen Keyton Knapp Lambert Lane, W. J. Lee, W. S. Leonard Lewis Marcus Matthews, D. R. Mauldin McCracken Milford Moore Murphy Nash Paris Parker, C. A. Parker, H. W. Patterson Peters

Phillips, W. R. Potts Reaves Roach Ross Rowland Rush Russell

TUESDAY, MARCH 11, 1969

1723

Salem Shanahan Shepherd Simkins Sims Smith, J. R. Smith, V. T. Sorrells

Sweat Whaley Wheeler, Bobby Wheeler, 3. A. Winkles Wood

Those not voting were Messrs.:

Brooks Caldwell Cole Collins, M. Conner Dent Funk

Hamilton Knowles Mason Miles Miller Mullinax Phillips, G. S.

Poole Scarborough Thompson, A. W. Thompson, R. Ware Mr. Speaker

On the adoption of the amendment to the floor substitute, the ayes were 77, nays 98.

The amendment was lost.

The following amendment was read and adopted:
Messrs. Melton and Brown of the 32nd move to amend the floor substitute to HB 641 by striking the figure "200" in Section 2, sub section 5 (at top of page 9) and inserting the figure "100" in lieu thereof.

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.

Alexander Atherton Barfield Bennett Berry Blalock Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Gates

Clarke Cook Daugherty Davis, E. T. Dent Douglas Egan Ellis Fallin Felton Gaynor

Grahl Hale Hawes Horton Howell Joiner Jordan, H. S. Keyton Lane, W. J, Levitas Marcus

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Maxwell McClatchey Melton Moate Murphy Nessmith Northcutt Nunn Pafford

JOURNAL OF THE HOUSE,

Paris Parker, C. A. Parker, H. W. Peterson Phillips, W. R. Potts Reaves Rowland Russell

Sherman Simkins Simmons Sims Snow Townsend Vaughn Ware Wood

Those voting in the negative were Messrs.:

Adams Anderson Ballard Barber Battle Bell Black Bond Bostick Bo wen Bray Brooks Brown, B. D. Buck Burruss Busbee Caldwell Carnes Cato Chandler Cole Collier Collins, M. Collins, S. Colwell Conger Connell Conner Cooper Crowe Dailey Davis, W. Dean, J. E. Dean, N. DeLong Dickinson Dixon Dodson Dorminy Edwards Evans Ezzard Farmer

Farrar Floyd, J. H. Floyd, L. R. Gary Geisinger Gignilliat Graves Gunter Hadaway Hargrett
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill, B. L. Hill, G. Hood Housley Hudson Hutchinson Johnson Jones, C. M. Jones, Herb Jones, M. Jordan, G. Keen Knapp Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R.

Mauldin McCracken McDaniell Merritt Milford Moore Morris Mullinax Nash Odom Patterson Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Rainey Roach Ross Rush Salem Scarborough Scarlett Shanahan Shepherd Smith, J. R. Smith, V. T. Sorrells
Sweat Thomason Thompson, A. W. Toles Wamble Westlake Whaley Wheeler, Bobby Wheeler, J. A. Wilkerson Williams Wilson Winkles

TUESDAY, MARCH 11, 1969

1725

Those not voting were Messrs.:

Funk Hamilton Holder

Miles Miller Poole

Thompson, R. Mr. Speaker

On the adoption of the floor substitute, as amended, the ayes were 60, nays 127.
The floor substitute, as amended, was lost.

The Committee substitute and the floor substitute both having failed, the main Bill was taken up for consideration.

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 Atherton Barfield Battle Bell Blalock Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Carnes Gates Clarke Cole Connell Cook Cooper Daugherty Davis, W. Dean, J. E. Dent Dodson

Egan Ellis Farrar Felton Gary Gaynor Geisinger Gignilliat Grahl Harris, J. R. Harris, R. W. Hawes Henderson Hill, B. L. Hood
Horton Housley Jones, C. M. Jordan, H. S. Keen Knapp Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Le vitas

Marcus Mason Maxwell McClatchey McDaniell Miller Morris Nash Nunn Peterson Pickard Pinkston Potts Reaves Shepherd Sherman Simkins Sims Snow Thomason Thompson, A. W. Townsend Vaughn Wamble Winkles Wilson

Those voting in the negative were Messrs:

Anderson Ballard

Barber Bennett

Berry Black

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Bostick Bowen Brantley, H. L. Bray Brooks Busbee Caldwell Cato Chandler Collier Coiling, M. Collins, S. Colwell Conger Conner Crowe Davis, E. T. Dean, N. DeLong Dickinson Dixon Dorminy Douglas Evans Ezzard Fallin Farmer Floyd, J. H. Floyd, L. E. Graves Gunter Hadaway Hargrett Harrington

JOURNAL OP THE HOUSE,

Harris, J. F. Harrison Higginbotham Hill
Holder Hudson Hutchinson Johnson Joiner Jones, Herb Jones, M. Jordan, G. Keyton Knowles Lane, W. J. Lee, W. S. Leonard Lewis Longino Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Milford Moate Moore Mullinax Murphy Nessmith Northcutt Odom

Paris Parker, C. A. Parker, H. W. Patterson Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Rainey Roach Ross Rowland Rush Russell Salem Scarborough Scarlett Shanahan Smith, J. R. Smith, V. T. Sorrells Sweat Toles Ware Westlake Whaley Wheeler, Bobby Wheeler, J. A. Williams Wood Simmons Wilkerson

Those not voting were Messrs.:

Dailey Funk Hale

Hamilton Howell Miles

Pafford Poole Thompson, R. Mr. Speaker

On the passage of the Bill, the ayes were 78, nays 107.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Egan of the 116th 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 641.

TUESDAY, MARCH 11, 1969

1727

HB 16. By Messrs. Caldwell of the 39th, Williams of the llth and Moate of the 28th:
A Bill to be entitled an Act relating to certain consumer and other credit transactions and constituting the Uniform Consumer Credit Code; to repeal specific laws; to provide an effective date; and for other purposes.

By unanimous consent, further consideration of HB 16 was postponed until tomorrow, March 12, 1969.

HB 524. By Messrs. Matthews of the 63rd and Lowrey of the 9th:
A Bill to be entitled an Act to be known as the "Georgia Meat Inspec tion Act"; and for other purposes.

By unanimous consent, further consideration of HB 524 was postponed until tomorrow, March 12, 1969.
HB 722. By Messrs. Harris of the 77th and Lee of the 61st:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, approved April 10, 1968, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; and for other purposes.
By unanimous consent, further consideration of HB 722 was postponed until tomorrow, March 12, 1969.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 207. By Mr. Conner of the 56th: A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the compensa tion of the chief deputy; and for other purposes.
The following Senate amendment was read:
County and Urban Affairs Committee offers the following amendment to HB 207 as follows:
By striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:

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JOURNAL OF THE HOUSE,

"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

Mr. Conner of the 56th moved that the House disagree to the Senate amend ment.

The motion prevailed and the Senate amendment to HB 207 was disagreed to.

HB 210. By Mr. Conner of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

The following Senate amendment was read:

County and Urban Affairs Committee offers the following amendment to HB 210 as follows:
By striking in its entirety Section 7 and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

Mr. Conner of the 56th moved that the House disagree to the Senate amend ment.

The motion prevailed and the Senate amendment to HB 210 was disagreed to.

Mr. Harris of the 77th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

Journal of the House of Representatives 1969 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.